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HISTORY 



LOUISIANA 



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GRACE, KING, 

Author of 
New Orleans, The Place and The People;' 
•-De Soto in the Land of Florida,'''' etc. 



JOHN R. FICKLEN, 

Professor of History in Tnlane VnimrsiL'j. 



REVISED EDITION. 



NEW DRLEANS : 

THE L. GRAHAM CO., LTD., PRINTERS, 71S-7I7-7I9 PERDIDO ST 

19 35 



((JOS' 



Enlertd accortling to Act of Congress in llic year 1S03 
Bv GRACE KING and JOHN R. FICKLEN, 
In ilic Ollicc of the Librarian of Congress at Washinylon D. 



By Transfer 

D. L. Public Library 

^EP 2 1 1934 . 



PREFACE. 



In presenting this History of Louisiana lo the people of the 
State, the authors find it necessary to say a v.'ord of preface. Their 
intention has been to write a history that would give the children 
of Louisiana a simple and true account of the proj;rcss of the State 
from the earliest times of discovery down to the present era. It is 
hoped, however, that the work will not prove uninteresting lo older 
persons as well. 

Every effort has been made to secure accuracy of detail; but as 
some errors may have crept in, the authors will be glad to receive 
notice cf any that may meet the ej^e of the critic. 

It mr.y be added that all the artistic and mechanical portion of 
the work was done in Xew Orleans — the book is entirely a home 
produvt. 

The authors desire to thank the librarians of tlie Fisk, the 
Howard, and the State Libraries for uniform courtesy and kindness 
in putting at their disposal the rich historical treasures from which 
the materials of this work are drawn. 

Among these treasures the authors wish to acknowledge their 
special obligations to the Histories of Louisiana by the Hon. Charles 
Gayarrd and Judge Martin; to Fiske's Discovery of America; to 
Margry's Documents; and to the otHcial documents relating to the 
French and Spanish Domination. 

Grateful acknowledgment is also made to E. H. Farrar, Esq., 
for the privilege he kindly granted of borrowii g books and maps 
from his valuable library. 

The authors owe special thanks to Messrs. L. Grah.am & Son, 
printers, for the care they have taken in the execution of their sliare 
of the labor. 

In conclusion it is proper to state that Miss King wrote the first 
part of the history (:!S f;ir as the end of the Spanish Domination), 
and that Mr. Ficklen completed it. 



CONTENTS 



I'AGK. 

Introi)LCt;on 1 

exflokation 2 

Spanish Explorers. French Exploi'ers. 

FicKNCH Domination 45 

ICstablishnient. Mobile. Louisiana Cbartereil. Conip.-iny 
of the Wpst. Louisiana a Royal I'rovince. Luuis^inna 
Ceded to Spain. Resistance. 

SrANisir Domination Vl'S 

O'Reilly. The Patriots. The Spanish Governors. 

FuoM Colony to State 147 

Jefferson's L*urchase. Territory of Orleai.s. Louis-i. na 
Made a State. 

Wakov' 1812-15 172 

The British in Louisiana. General Jackson. The Buttle 
of New Orleans. 

Period of Dkvelopment 194 

Prosperity. Sugar Relining. New Constitutions. 

The Civil Wau, 1SG1-G5 2(!0 

Secession of Louisiana. Capture of New Orleans. Battles 
of Manstield and Peasant Hill. 

Rkstoration to the Union 237 

Reconstruction. The White League. Free Government 
Restored. General Progi'ess. 

PlIVSICAL P'EATUUES, POPULATION, EtC 253 

List of State Officers 259 

Constitution of 1898 2G1 

Maps. 

Map of Mississippi Valley 8 

Map of Gulf Coast 4G 

Parish Map of Louisiana 147 

Map of Jefferson's i'urchase 15G 

"War Map of Louisiana 215 



HISTORY OF LOUISIANA. 



INTRODUCTION. 

Louisiana was named in honor of Louis XIV, king of 
France, by Robert Cavalier de la Salle, in the year 1682. 

The name was then applied vaguely to all that region of 
the North American Continent lying between the Alleghany 
mountains on the East, the Rocky mountains on the west, 
the great fresh water lakes, Superior, Michigan, Erie and 
Huron on the north, and the Gulf of Mexico on the south. 
This is the territory drained by the Mississippi river and its 
tributaries, which is known as the Mississippi Valley. It is 
a territory which covers an area of 1,344,000 square miles, 
comprising th^^ greater part of the United States. 

From its source in the remote Nc rthwcst, to its mouth in 
the Gulf of Mexico, the Mississippi follows a course of 2S00 
miles. The principal tributaries of the Mississippi are the 
Missouri, Ohio, Arkansas and Red rivers. 

The history of Louisiana is, in the beginning, therefore, the 
history of the discovery of the Mississippi rivei and vality, 
and the struggle for its possession by the three great Euro- 
pean powers, Spain, France and England. 



HISTORY OF I.OUISIAXA. 



EXPLORATION. 



CHAPTER I. 
SPANISH EXPLORERS. 

Louisiana first became known to Europeans through its 
southern boundary, the waters of the Gulf of Mexico. 

Christopher Columbus. 1492. — Christopher Columbus, 
sailing west on his immortal voyage of discovery, touched 
the land of the New World on the islands which lie between 
the Atlantic and the Gulf of Mexico. He did not penetrate 
into the gulf itself, and knew nothing of the vast, beautiful 
country which, with its great central river, lay on the other side 
of it. On the return of Columbus to Spain, with the news 
of his great achievement, emulators and imitators arose in all 
the seaports of the kingdom, eager to reap wealth and fame 
also, by leading expeditions across the Atlantic to the New 
World beyond. 

Americus Vespucius. 1497. — On one of these expeditions 
sailed the celebrated astronomer and pilot,* Americus Ves- 
pucius. It is most probable that, voyaging around Ihe An- 
tilles and into the blue expanse of the Gulf of Mexico, he saw 
the southern shore line of North America from Central 
America to Florida ; just as afterwards, voyaging in the 
Atlantic Ocean, he saw the shore line of South America. 

Mississippi, 1502. — On an old map dated 1502, which 
has been traced to a Spanish chart of this voyage, the re- 
sults of such an exploration by an early pilot have been 
preserved. In quaint, rude outlines the gulf shore and 
Florida are distinctly traced upon it ; and cutting through 
the land and flowing into the gulf are the familiar three 
channels of the mouth or delta of the Mississippi. 



* It was Uie first of tlie four voyages of exploration made by Americus Vespuciut, 
the written description of which attaclieil liis name to the country. 



SPANISH EXPLORERS. 3 

Bimini. 1513. — This voyage of Vespucius was notfollowed 
up. The tide of exploration was turned toward South Ameri- 
ca and Florida. The Gulf Coast and the great river dropped 
back into the unknown. But the Indians of Cuba, pointing 
across the gulf to where the peninsula of Florida ran out 
into the blue waters, would tell their Spanish masters of a 
wonderful island over there, called the Island of Bimmi. 
Upon it they said were great and splendid cities, vast riches 
of gold and silver, and, most strange of all, a fountain whose 
waters restored the aged to youth ; *' the fountain of youth " 
they called it. 

Ponce De Leon. 1513-1521. — A Spanish cavalier, a 
friend of Columbus, obtained from the King of Spain per- 
mission to conquer it and make its wondrous possessions his 
own He was beginning to get old, and, more than the riches 
of Bimini, he coveted the waters of the fountain which would 
make him young and keep him so. He sailed thither in the 
year 15 13, with three brigantines. It was during the spring- 
time. Either from the quantities of beautiful flowers that 
met his eye when he came within sight of the coast, or from 
the day, Easter, " Pascua Florida," in Spanish, he named 
the country Florida. He explored the coast and traveled 
inland some distance, but found neither the fountain nor 
the riches, nor any of the wonders {promised by the Indians. 
He returned to Cuba, disappointed but not discouraged. 
Nine years later, in 152 1, he sailed over there again to make 
another attempt, but the Indians fiercely drove him off, and 
gave him a wound, from which he died shortly after, in 
Cuba. 

Pineda. 1519. Mississippi River. — Between Ponce de 
Leon's two voyages to Florida, Alvarez de Pineda, coasting 
along the Gulf of Mexico, entered the mouth of a great 
river, supposed to-day by historians and geographers to be 
the Mississippi. He called it the Espiiitu Santo, River of 
the Holy Spirit. He is probably the first European who ever 



4 HISTORY OF LOlflSlANA. 

entered it. He found the Indians friendly and eager to trade. 
They lived in great towns composed of many small villages, 
and wore ornaments of gold. 

Pamphilode Narvaez. 1528. — The reports of these great 
Indian villages and the gold ornaments excited the greed and 
cupidity of Pamphilo de Narvaez, He saw in Florida a 
country rivaling Mexico and Peru for rich plunder. With four 
hundred men and four ships he set sail for it from Cuba. He 
landed at Appalachee Bay and marched inland, ordering his 
fleet to remain on the watch for him in the gulf. At first 
they found fields of corn and Indian villages ; but afterward 
tliey journeyed for days through forest solitudes. Their cruelty 
to the Indians who fell into their hands kindled the fiercest 
retaliation against them. They were compelled to fight every 
step of their way forwaid. Their food gave out, and they 
suffered the tortures of famine. Some of their captives, 
forced to act as guides, led them only into the thickest of 
swamps and forest, out of which they had barely strength to 
extricate themselves. Their search was now, not for gold, 
but for food. Finally, weak, faint and dispirited, they returned 
to the seashore. Their ships were nowhere in sight. After 
wandering along the coast aimlessly they, in despair, set to 
work to build boats to get away from their terrible condition. 
They constructed a bellows and forge. All their iron, even 
spurs and stirrups, were made into hatchets and nails. Their 
shirts they made into sails. Cordage was twisted from their 
horses' hair and palmetto fibre. They made pitch of pine 
rosin and oakum of palmetto bark. Every man joined ni the 
work. Every three days ahorse was killed for food. At length, 
five vessels were finished and all embarked, crowding the 
boato to the water's edge. After six weeks they came to a 
river so great that it freshened the sea water into which it 
flowed, so that they could drink it. It was the Mississippi, 
the Espiritu Santo, of Pineda. In the rough water off its 
mouth, two of the boats capsized and all on board drowned, 



SFAxNISil EXPLORERS. 



among them, Narvaez. The other three boats were driven 
ashore somewhere on the coast of Texas. Ten years after- 
v/ard, Alvaro Nunez, surnamed Cabeza de Vaca, treasurer 
of the expedition, with three other gaunt, haggard men, look- 
ing more like animals than human beings, arrived in Mexico. 
They were all that had survived of the Narvaez expedition. 
Hernando de Soto. 1539. — The last and most celebrated 
of the Spanish explorers of Florida was Hernando de Soto. 
De Soto had been with Pizarro in Peru, and had seen the 
vast wealth of the Indians. Like Pamphilo de Narvaez, he 
thought what Pizarro could plunder in Peru, he could plun- 
der in Florida. He set sail from Havana in 1539, with 570 
men, and 233 horses, in nine vessels. Never had so brilliant, 
so well armed, so well provided an expedition started from 

Spanish shores. 

They landed at Tampa 
Bay, then called the Bay of 
Espiritu Santo. Here, with 
great pomp, De Soto took 
possession of the country for 
the Spanish king, and 
pitched his camp, confident 
^ ' -- of his future triumphs and 
A booty. 

' But before daylight, the 
Indians, who had been se- 
\. cretly watching him, at- 
tacked him in vast numbers, 
with terrific yells. Many of 
his men were killed before 
he could retreat to his boats. 
. The Indians, with the cruelty 
of Narvaez fresh in their memories, met the new invaders 
with all the fierceness of their savage nature. Learning that 
one of the men of the Narvaez expedition was a slave in a 




I 



••■■/'is 




HERNANDO DE SOTO. 

He commenced his march 



6 HISTORY OF LOUISIANA. 

neighboring tribe, De Soto obtained possession of him as in- 
terpreter and guide. 

But Florida held no better fate for him than for Ponce 
de Leon and Narvaez. The country was poor. Instead of 
great Indian cities, with temples filled with treasures to sack, 
he found only moderate-sized and sparsely scattered Indian 
villages, and in the naked, poorly-armed Indian tribes he 
found the most vindictive of foes, who fought like demons, 
and neither gave nor sought quarter. More than once, De 
Soto's coolness and courage alone saved his own life and the 
lives of his army from utter destruction. Hoping always to 
find the gold and treasures and triumphs further north, he 
marched day after day, on and on. Through the wild terri- 
tories of the present States of Georgia and South Carolina 
he led his band, until they reached the Tennessee river. 
Turning then, upon his steps, he countermarched and jour- 
neyed toward the south, until the great village of the Mauvilla 
or Mobile Indians rose before him. In a fierce battle here 
his men were killed in great numbers. 

But almost as deadly as the Indian arrows, were the fevers 
that broke out in the army and thinned his ranks day by 
day. Leaving Mobile behind him, he pushed forward 
again to the northwest, opening his way through thickets 
and forests, climl)ing over steep hills, fording morasses, and 
crossing innumerable streams that cut through the country. 

The Mississippi. 1541. — At length, after three years, he 
came to the banks of a mighty stream, over a mile wide, 
whose swift, turbid currents carried down great forest trees, 
which they had uprooted and torn away from their native 
soil. It was such a river as none in the army had ever seen 
before. 

De Soto named it El Rio Grande de la Florida ; the great 
rivei of Florida. He crossed it on rafts, at some point above 
the Arkansas, and led his army still forward toward the 
west. But he found in the west only what he had found 



SPANISH EXPLORERS. 7 

in the east and in the north and in the south ; sickness, 
misery, hardships, and Indians who pursued him like wolves. 
He came at last to the end of his hope and endurance. Re- 
treat was ordered. Once more the Spaniards turned; and 
they marched until they came again to the banks of the Mis- 
sissippi. De Suto could march no further. The iron will 
nnd constitution which had seemed superhuman sank under 
the accumulated hardships, disappointments and ill health. 
Seized with a fever, he expired surrounded by the gaunt, 
worn men who had followed him so trustfully and loyally. 

With his dying breath he appointed as successor Louis de 
Moscoso, his faithful lieutenant. To insure the dead body 
of their leader from Indian outrage, his followers wrapped it 
in skins, enclosed it in a hollow tree trunk, and in the silence 
and da'kness of midnight they conveyed it to the middle of 
the mighty stream and sank it into the depths of the yellow 
currents.* 

Moscoso made an attempt to reach Mexico by land. Strik- 
ing out towards the West, he marched vigorously forward, 
through the Red River country and into the great plains of 
Texas. There, supplies of food failing him, he turned his 
men and hurried back to the Mississippi. At the village of 
Aminoya (below Red River) they built boats, in which, 
when summer came they embarked for the mouth of the river, 
whence they set sail for Mexico. After two months of toil 
and hardship, they came to a Spanish port. Less than a third 
of the original expedition had survived. 

QUESTIONS. 

How did Louisiana first become known to Europeans.' Did Co- 
lumbus know anything of the Mississippi.'' Who was Americus Ves- 
pucius? What coasts did he probably explore on the first voyage.-' 
When is the Mississippi first seen on a map? Was the exploration of 
Florida followed up? What was Bimini? Relate Indian stories about 
it? Who was Ponce de Leon? Why did he call the country Florida? 



* The precise locality has never been determined, but it is supposed to be near 
the mouth of Red river 



8 HISTORY OF LOUISIANA. 

Relate his voyage? Who was Pineda? What did he name the Mis- 
sissippi? Give an account of the expedition of Pamphilo de Narvaez? 
Who was Hernando de Soto? What did he hope to gain in Florida? 
Give an account of his march? When did he come to the Missis- 
sippi? What did he name it? Continue his march? Who was his 
successor? How was De Soto buried? What of Muscoso? 



CHAPTER II. 
FRENCH EXPLORERS. 

Rediscovery of the Mississippi, 1669. — One hundred 
and thirty-two years the Mississippi flowed over the body of 
De Soto, before another white man came into touch with its 
history. The fact of its existence passed from men's mem- 
ory, and lived only in old charts and records stored in Spanish 
archives. 

And now its chronicle takes us to a different country, and 
to a different nation. Instead of Spain and the Spaniards, we 
have to do with France and the French, and instead of 
Cuba and the Gulf of Mexico, we must start from distant 
Canada and the Great Northern Lakes of America. 

Let us study it on the map. 

It will be seen that the French had entered and taken pos- 
session of the St. Lawrence river. They had founded the 
cities of Quebec and Montreal upon it, and made settlements 
in the neighboring regions. Little by little their missionaries 
and pioneers were advancing west, planting the cross and 
the standard of France in the territory of the great lakes, 
Ontaiio, Erie, Huron, Michigan and Superior. From the 
Indians that visited these mission houses and trading stations 
came the account of the vast country lying still further west 
and south ; a country unknown and unexplored yet by the 
white men. The accounts were not those which had 
aroused the cupidity of the Spaniards, and lured them to 




MAP OF THE MISSISSIX'l'I VALLEY. 



FRENCH EXPLOKEKS. 



disaster. These Indians described no fabulous kingdom 
filled with gold and silver and precious stones. They spoke 
only of the wonders of nature ; grand scenery, gigantic 
mountains, huge cataracts, immense forests and prairies, and 
boundless hunting fields swarming with game. But above 
all, they described a great river that they crossed to come to 
Canada, a river they called the Mississippi, which they said 
flowed the entire length of the continent, through a valley 
surpassingly fertile, and peopled with innumerable savage 
tribes to convert to the Christian faith and subdue to France. 
These stories, drifting to Montreal and Quebec, came to the 
ears of the Governor of Canada and of his intendant. But 
before reaching Montreal the stories had to pass through the 
settlement of the most celebrated pioneer France ever pos- 
sessed in this country, Robert Cavelier de la Salle. 

La Salle. 1669. — Robert Cavelier de la Salle was born 
in the city of Rouen, in Normandy, France. He was 

educated in the religious 
schools of the time, and 
came to Canada at the age 
of twenty-three, determined 
to make a name and fortune 
in New France, as it was 
called. He obtained a large 
grant of land on the St. 
Lawrence, a few miles 
above Montreal. Here 
clearing the forests and su- 
perintending the building of 
houses for his settlers, he 
LA SALLE. would, at the close of the 

day, look out to that part of the heav^ens bright with the rays 
of the setting sun, and he would think about the vast un- 




10 HISTORY OF LOUISIANA. 

known region that lay between him and the west, and about 
the Indian stories of the great river that flowed through it to 
the sea on the other side of the continent ; a river so long, the 
Indians said, that it would take nine months to reach the 
end. 

As La Salle, like most men of his day, thought that China 
lay just on the other side of this continent, he believed that 
any river flowing straight west to the sea would furnish a 
new, short and easy route between Europe and Asia. To 
be the first explorer of this route would indeed gain him 
fame and fortune. 

He went to Quebec and laid his plans before the gov- 
ernor, who gave consent to the exploration but no money. 
La Salle, without hesitation, sold his property and with the 
money bought canoes and hired men. The expedition started 
from his settlement, which, as though it Vv^ere really the first 
step on the road to China, received the name of " La Chine.'' 
Louis Joliet. — They paddled up the St. Lawrence to 
Lake Ontario and stopped at an Indian village to get a guide 
to the head waters of the Ohio, which would conduct them 
into the Mississippi. Here La Salle met the man whose name 
with his own was to be inseparably connected with the Mis- 
sissippi. This was Louis Joliet. He was a young man of 
about La Salle's age, and like him full of energy and am- 
bition. He was a fur trader and pioneer, and was just re- 
turning from an expedition to Lake Superior. He also had 
heard of the Mississippi, but knew nothing beyond what the 
Indians had told him. 

La Salle proceeded on his way through Lake Erie, into the 
Ohio river, which he explored a long distance. Then return- 
ing he passed through Lakes Huron and Michigan, and 
crossed into the Illinois river and explored it. He was gone 
on his expedition two years. He never reached the Missis- 
sippi ; but he had learned the way to get into it. He returned 



FRKNXH KXPJ.OUEKS. 11 

to Canada for a larger expedition to carry out the larger 
schemes he had formed. 

Joliet and Marquette. 1672. — In the meantime a new 
governor was put over Canada ; the Count de Frontenac. 
The intendant, relating to him all the stories about the Mis- 
sissippi, advised him to pursue its discovery and exploration, 
and named Joliet as the proper man to be employed for it. 
Frontenac accepted both the advice of the intendant and the 
man of his choice, and Louis Joliet was commissioned to dis- 
cover and explore the Mississippi. Father Jacques Mar- 
quette, a Jesuit priest at Michilimakinak, was selected to ac- 
company him. 

Marquette. 1673. — Jacques Marquette was one of the 
noblest and purest missionaries that ever came to this coun- 
try. Born of good and honorable family, in France, he sailed 
to Canada before he was thirty, to devote himself to the con- 
version of the savages. He learned six of their languages, 
and cheerfully braved all the dangers of their barbarous tem- 
pers, and the hardships of frontier life, to carry on his work 
among them. Far out on the great lakes he had advanced 
his missions, but an unexpected outbreak of the savages had 
driven him back to Michilimakinak. Here it was that Joliet 
found him and gave him the governor's commission. Mar- 
quette, in his lonely post, Lad also heard from the Indians 
about the Mississippi. As he thought over its majeetic size 
of the mildness and fertility of its great valley, and of the 
number of Indian tribes living in it, it became the dearest 
wish of his heart to christianize so favored a region. With 
joy, therefore, he consented to accompany Joliet. Their 
preparations were soon made. They consisted of two birch 
bark canoes, five men, and a supply of smoked meat and In- 
dian corn. They started in the most beautiful time of the 
year in that region ; in the spring, the month of May. 

Joliet and Marquette. 1672. — As we followed La Salle, 
let us follow Joliet and Marquette also on the map. They 



12 HISTOltY OF LOUISIANA. 

journeyed around the mouth of Lake Michigan until they 
reached the mission of Father Claude Allouez.* Here 
they turned into Fox river, which led them across Lake 
Winnebago, and through a vast prairie country filled with 
wild rice, in which great flocks of birds fed. They 
passed villages of Kickapoo Indians, to whom the priest and 
Joliet explained their expedition. The Indians stared with 
wonder at their temerity and tried to dissuade them from so 
perilous a journey, by telling them the most horrible tales of 
the cruelty and treachery of the Indians along the Mississippi. 

The priest and the pioneer were not to be frightened, how. 
ever. They asked for guides and set out as soon as possible. 
They followed Fox river to the end, carried their canoes over 
to the Wisconsin, and launched them in that river. 

Mississippi Discovered.— For ten days they paddled 
down the Wisconsin, until from their right a broad, rapid 
current dashed across their course. It was the Upper Missis- 
sippi ! Into it they turned their canoes. It bore them 
rapidly along. They gazed with wonder and awe at the 
panorama which nature here unfolded to them, hour after 
hour and day after day, as they advanced. The banks, 
covered with gigantic virgin forests, now rose into perpen- 
dicular heights, now sank into undulating plains. Wild 
animals darted in the thickets; along the edge of illimitable 
prairies, buffaloes stared at them from under their shaggy 
manes. They hauled up all kinds of strange fisli in their 
nets. They no longer camped on the shores at night. Mind- 
ful of the Iiidiai s of the region, after cooking their supper 
on land, they carefully extinguished their fires, and, paddling 
out into the stream, anchored and slept there, with sentinels 
on watch. But no human being was to be seen. At last, 
one day, on the western bank, footprints in the mud caught 
their eyes. They were found to lead to a well beaten path, 



*A devoted Jesuit priest, who founded as early as 1670 this mission at St 
Francis Xavier, as he named Green Bay. 



FREN'CH EXPLORERS. 18 

across the forest towards a prairie. Leaving their canoes in 
charge of the others, Marquette and Joliet set out to follow the 
path. They walked until they saw seven Indian villages in 
the distance. Then creeping cautiously along, they came 
near enough to hear talking in the wigwams. With a shout 
they made themselves known, and paused in anxious doubt 
whether their reception would be that of friends or foes. 
The Indians swarmed out of their wigwams like wasps out 
of their nests. For an instant all was wild excitement and 
confusion. Then calumet bearers were seen advancing with 
their peace pipes. Marquette and Joliet received them 
thankfully. 

The Indians proved to be the Illinois. Far from being foes 
they were most friendly to the French. A grand reception 
was at once held, which all the warriors, squaws and children 
attended. Marquette, standing forth among thern, pro- 
claimed his sacred message of the Christian faith, and the 
nature of the enterprise upon which he and Joliet were en- 
gaged. The chief of the tribe responded in a speech, in 
which he expressed his joy at seeing the white men and his 
admiration of them, but implored them to proceed no fur- 
ther in their hazardous undertaking. 

All sat down now to a great feast, served in the highest 
Indian style. First there was a wooden bowl of sagamity or 
liominy, seasoned with bits of meat and grease, which the 
Indians fed to their guests with wooden spoons, as though 
they were infants. Then came fish. The Indians carefully 
removing the bones and blowing on the morsels to cool them, 
placed them with their own fingers in the mouths of their 
guests. The greatest savage luxury, roast dog, was then 
presented, but learning that it was not palatable to the 
priest, the Indians politely substituted buff:ilo meat in its 
stead. The night was passed talking and sleeping on buffalo 
skins stretched over the ground. The next morning an 
escort of six hundred followed Marquette and his friend to 



14 HISTORY OF LOUISIANA. 

their canoes, and waved them farewell as they pushed from 
the bank and paddled out of sight down the stream. 

The canoes passed the mouth of the Illinois, and shortly 
afterwards came to a huge towering rock, on the face ot 
which the Indians had painted hideous monsters in red, 
green and yellow. The good priest, terrified at what he 
considered the work of the devil, hurried away from it, with 
many prayers and signs of the cross. 

And now, the great, rushing, yellow torrent of the Missouri 
poured into the stream before the travelers, turning the cur- 
rents into a muddy brown. Their canoes almost upset in 
the sudden whirlpool and eddies. On they paddled, past the 
site of the present city of St. Louis and the mouth of the 
Ohio. The highland scenery changed into lowland scenery ; 
mosquitoes made their appearance. A few miles above the 
mouth of the Arkansas they came to the village of the Knp- 
pas Indians, who at first sight gave furious war cries and 
seized bows and arrows and made most terrific demonstra- 
tions. They were pacified, however, and feasted the voy- 
agers and permitted them to pursue their way unharmed. 

At the mouth of the Arkansas was a large village of the 
Arkansas Indians. These received the travelers well and 
entertained them hospitably. 

Marquette and Joliet decided that this should be the end 
of their exploration. They had found out that the Missis- 
sippi flowed south, not west, and that it emptied into the 
Gulf of Mexico, not into the Gulf of California. Thinking 
themselves much nearer the mouth of it than they really 
were, they feared if they went further they might fall into 
the hands of the Spaniards or of some hostile Indians, and so 
not be able to return at all. 

The canoes being headed up stream, they retraced their 
course to the 111 nois, which they entered and so reached L:(ke 
Michigan and the mission house at Green Lake. But mid- 
summer heat and the long voyage were too much for the deli- 



FRENCH EXPLORERS. 16 

cate body. of the priest. He fell ill, and on reaching 
Green Bay was too weak to continue the journey. It was 
then the end of September. Joliet proceeded to Quebec 
alone. He gave the governor the account of his and Mar- 
quette's voyage. Frontenac, delighted with the success of 
it, ordered public rejoicings, and, in sign of the French 
triumph, changed the name of the great river from Missis- 
sippi to Colbert, after the enlightened minister of Louis XIV. 
The saintly Marquette remained at Green Bay a year. 
Thinking then that his health was sufficiently restored, he re- 
turned to the beautiful country of the Illinois to found a 
mission there. He was received like an angel from heaven 
by the Indians, and was entering on his pious work, 
when his disease came upon him again. He hastened his 
departure, but he was not able to arrive at Green Bay ; his 
sufferings increased so violently that he was forced to stop 
on the shores of Lake Michigan, where he expired and was 
buried. 

QUESTIONS. 

How many years after De Soto before the Mississippi was again 
visited by white men? Describe the advance of the French into 
Canada. How did they hear of the Mississippi.^ Who was La Salle? 
How did the idea of exploring the west come to him? What country 
did he think to reach in crossing the continent to the west? Relate 
what followed. Who was Joliet? Continue "with La Salle's expedi- 
tion. Did he get into the Mississippi? Who was the new governor 
of Canada? Who was named to accompany Joliet? Who was Mar- 
quette? How did Marquette and Joliet get into the Mississippi? 
What Indian village did they pass? What did the Indians tell them 
of the Indians along the Mississippi? Describe the upper Missis- 
sippi. Relate the journey of Joliet and Marquette. Arrival of Joliet 
in Canada? Death of Marciuette? After whom did Frontenac name 
the Mississippi? 



16 ' HISTORY OF LOUISIANA. 

CHAPTER III. 
FRENCH EXPLORERS CONTINUED. 

La Salle meanwhile had not been idle. Having thor- 
oughly explored the two ways to the Mississippi, he had set 
about to make his plans and preparations to take possession 
of the river itself. His plans, as a look at the map will show, 
were very grand and of vast importance to France. He pro- 
posed not only to explore the Mississippi to its mouth, but to 
build forts and trading posts as he went along in all favorable 
places, particularly at the mouths of those great rivers that 
flowed into the Mississippi. 

As France already possessed the great lakes at the north, 
this would make her mistress of all the great waterways of 
the country and give her the monopoly of all its trade. It 
was a scheme that instantly found favor with Frontenac, and 
as a first step toward accomplishing it he gave to La Salle 
the new fort he had just built, Fort Frontenac, and all the 
trading privileges attached to it. But to carry out such a 
scheme required a great outlay of money. La Salle went to 
France, where he secured the favor of the king and raised 
money for the enterprise, and in addition gained a friend and 
companion whose loyal faithfulness was never to swerve from 
him. This was Henri de Tonty, an Italian officer, surnamed 
the " Iron Hand," from an artificial hand of metal which he 
wore to replace the one he had lost in die wars.* 

For a year after his return to Canada La Salle was busily en- 
gaged making his preparations. An expedition of this size 
could not be carried in canoes ; large vessels were needed to 
convey the supplies of men, arms, ammunition, provisions 
and building material across the great lakes, and to bring 
back to Canada the large store-s of furs which La Salle ex- 



* Tonty wore a f;\o\e over it, and made ^ood use of it afterwards to astonish and 
keep the Indians in awe of liim ; sometimes, with a slight tap from it cracking their 
•kuUs or knocking out their tectli. 



FRENCH EXPLORERS. 17 

pected to get from the Indians. He got his party together 
and started from Frontenac, and advanced to Niagara river, 
where they stopped to build a fort, and a vessel which was 
named the Griffin. They embarked again, and, sailing through 
Lakes Erie and Huron, and Lake Michigan, came to the 
mouth of the St. Joseph river. Here they stopped and built 
a fort. Fort IMiami. 

But it is one thing to plan expeditions and another to 
carry them out. La Salle, for all his courage and fortitude, 
was no leader. Proud, haughty, reserved and suspicious, 
his men, instead of loving him, learned to dislike and fear 
him. They deceived him, and stole from him ; they deserted 
at every opportunity ; they even tried to assassinate him. 

From Fort Miami the Griffin was sent back to Canada loaded 
with a wealthy cargo of furs gathered from the Indians. 

Nothing was ever afterward heard of the vessel or cargo. 
La Salle always thought that the captain had scuttled her and 
made away with the furs, which in those days were as good as 
gold. He pushed on in canoes up the St. Joseph to its end, 
and carried his canoes over the portage to the Kankakee, 
which fiowed into the Illinois. But the Illinois Indians, so 
gentle and hospitable to Marquette, were distrustful of and 
savage to La Salle. French traders, jealous of La Salle's 
fur monopoly, had poisoned the minds of the natives agamst 
him. He built his third fort on the Illinois river, a few miles 
above the Indian village on Lake Peoria. Messengers from 
Canada here brought him the news that, besides the loss of 
the Griffin, his creditors had seized his property at Fort 
Frontenac. In his grief and disappointment he gave his 
new stronghold the appropriate name of " Crevc-Coeur " 
(Broken Heart). 

With the Griffin and all his furs lost, his property in Can- 
ada seized, his men deserting and mutinous, provisions ex- 
hausted and no means at hand to replace them, La Salle saw 
himself forced to go to Canada for new supplies. He left 



18 HISTORY OF LOUISIANA. 

Fort Creve-CcEur in command of Tonty and set out with 
four men and an Indian guide. It was in early spring, the 
deep snow lay white upon the ground, the rivers and lakes 
were frozen over. He made the journey, over a thousand 
miles, mostly on foot with snow shoes, dragging his canoe 
after him.* 

He hastened through his business in Canada, and in the 
autumn he once more paddled his canoe through the waters 
of the St. Joseph, towards his fort. But what a different 
scene met his eye as he advanced ! Fort Miami deserted and 
destroyed ; the great towns of the Illinois a shocking sight of 
rapine, cruelty and outrage; blood and corpses, fire and 
havoc everywhere. He pushed on to Fort Creve-Coeur and 
Tonty. The fort was demolished, no human being visible. 
The bloody Iroquois had passed over the country, and noth- 
ing but the silent forests were left to bear witness to the 
thoroughness of their work. 

But the indefatigable explorer was only the more resolved 
not to give up. He had to return to Canada again and make 
a new start on his journey. He searched in every direction 
for traces of Tonty. He had given him up as massacred, 
when from some Indians on Green Bay he heard that the 
" Iron Hand " was still alive among the Indians of Lake On- 
tario. La Salle sped on, found him, and together they com- 
menced at the very beginning again to form their expedition.. 

Success of La Salle. 1682. — They set out in the early 
winter, fifty-four of them, in canoes. Following the route 
with which they were now familiar, they got into the Illinois, 
and from it into the Mississippi. 

* Before starting^ from the fort, La Salle sent a priest named Hennepin to explore 
the Illinois river and upper Mississippi. Hennepin was captured by the bioux 
Indians and carried far up in the northwest. At the Falls of St. Anthony, which he 
named after his patron saint, he was rescued by a Canadian "coureur de bois " 
(adventurer). Hennepin did not return to Fort Creve-Cceur, but went on to Canada, 
where he published an account of his adventures. After La Salle's death, he claimed 
that besides discovering the head of the Mississippi, he had g-onetothe mouth ol the 
river, and that he, not La Salle, was entitled to the honor oi it3 first exploration. 
His claim was proved to be false, and he untrustworthy. 



FRENCH EXPLORERS. 10 

They paddled down the Mississippi, gazing, as Marquette 
and Joliet had done, with awe and wonder on the mighty 
stream turning and twisting before them through its forest- 
covered heights and slopes. Camping on the Chickasaw 
bluffs they built a fort which they named Fort Prudhomme, 
after one of the men who went hunting in the woods and did 
not return. After six days' continual searching for him, La 
Salle concluded he must have been killed and was proceed- 
ing without him, when he was found and brought to camp, 
almost dead from hunger and fatigue. 

They stopped at the Kappas and Arkansas villages at the 
mouth of the Arkansas river, which had formed the 
limit of Marquette and Joliet's explorations. The In- 
dians showed themselves gentle, kind hearted and hospitable. 
When the smokmg, feasting and entertainment following 
their reception were over, La Salle, with great pomp and 
ceremony, erected a cross bearing the arms of the king of 
France, The priest chanted a Latin hymn, the soldiers 
shouted " Vive le roi!" and La Salle in a loud voice pro- 
claimed that he took possession of the whole country in the 
name of the king of France. The Indians standing around 
stared in wonder and admiration. 

Arkansas guides piloted the party the rest of their way 
down the river. They showed La Salle on the right hand 
side of the river the path that led to the great Tensas village, 
'on Lake Tensas, a few miles inland. While the rest of the 
expedition waited at the river landing, Tonty with some of 
the men went on a visit to it. 

Great Tensas Village. 1682. — It was indeed a great 
village ; greater and handsomer than any Tonty had ever 
seen in America. The wigwams were large and well built; 
their shape round. The walls were of pickets plastered with 
mortar, made of clay and moss ; the roofs were conical 
shaped, formed of split canes fastened together, with a hole 
in the pointed centre for a chimney. The temple of the sun 



20 HISTORY OF LOUISIANA. 

and the lodge of the chief were built like the other wigwams, 
only larger and handsomer. On the roof of the temple 
and on each side the entrance were daubed rude pictures of 
animals. The inside was a dark, gloomy bare room, in 
which stood a kind of altar; before it burned a perpetual fire 
from three 1 igs placed end to end. The temple was sur- 
rounded by a palisade on which were stuck the heads of the 
victims sacrificed to the sun god ; and before the door was a 
block of wood on which lay braids of hair, also from the sac- 
rificed. The chief and the dignitaries of the village wore 
white mantles woven from the bark of the mulberry tree. They 
all came in state to visit La Salle at the bank of the river and 
returned loaded with presents which the generous French- 
man had bestowed upon them, 

Down to the Mouth of the Mississippi. 1682. — The 
explorers next stopped at the Natchez village, which in size 
and appearance was very like the Tensas. La Salle erected 
another cross here. The Houmas village, which cam^ next, 
was passed in a fog without being seen. 

Then came Red river, rolling from the west, churning up 
the Mississippi into eddies and whirlpools and emptying into 
it great floating trees and masses of driftwood. The canoes 
glided unknowmgly over the spot where the dead body of 
the unfortunate De Soto had been sunk in midnight burial, 
and sped unmolested between the banks from which the am- 
bushed warriors had sent their deadly arrows into Muscoso's 
flying band. At the Quinipissas village, warlike sounds 
broke into their peaceful, calm advance. But La Salle, 
anxious to avoid strife and bloodshed, hastened by unheed- 
ing. He stopped at a village he saw on the left bank of 
the river. It was deserted, and some of the cabins were 
filled with corpses. It was the village of the Tangipahoas, 
destroyed by their enemies only a few days before. 

Now the river divided into three channels. The canoes 
paddled into them — and now the bright gleaming gulf 



FRENCH EXPLOUKRS. 21 

opened out before them. - Eyes gladdened — Voices rose in 
shouts — The journey was ended — The task at last accom- 
plished — The Mississippi explored to its very mouth! 

Taking Possession of the Mississippi. 1682. — La Salle 
jumped to the land. By the grace of God and his own in- 
domitable will the plans formed at La Chine thirteen years 
before, while his eyes looked across the forest toward the set- 
ting sun, had been realized. 

After Sounding and exploring all around the mouth of the 
river, the canoes filed up stream again and paddled along 
until they came to where the banks rose dry and firm above 
the muddy current. Here all landed — La Salle, Tonty, 
priests, Frenchmen, Canadians, Indians. After prayers and 
hymns of thanksgiving and praise, a great column was made 
and erected, bearing the arms of the king of France. La 
Salle, standing beside the column, made the following proc- 
lamation in a loud voice: 

" In the name of the most high, mighty, invincible and victorious 
" Prince, Louis the Great, by the grace of God King of France and of 
" Xavarre, fourteenth of tliat name, I, this 9th day of April, 16S2, in 
" virtue of the commission of his Majesty, which I hold in my hand, and 
" which may be seen by all whom it may concern, have taken, and do 
" now take in the name of his Majesty and of his successors to the crown, 
" possession of this countiy of Louisiana, the seas, harbors, ports, 
" bays, adjacent straits, and all the nations, peoples, provinces, towns, 
" cities, villages, mines, minerals, fisheries, streams and rivers within 
" the extent of the said Louisiana, from the mouth of the great river, 
" St. Louis, otherwise called the Ohio, as also along the river Colbert, 
" or Mississippi, and the rivers which discharge themselves thereinto, 
"... from its source as far as its mouth at the sea or Gulf of 
" Mexico . . . from the assurance we have from the natives of 
*' this country that we w-ere the first Europeans who have descended 
" or ascended the said river Colbert; thereby protesting against all 
" who may hereafter undertake to invade any or all of these aforesaid 
" countries or lands to the prejudice of the rights of his Majesty, ac- 
" quired by consent of the natives dwelling therein; of which and 
" of all else that is needful, I hereby take to witness those who hear 
^" me, and demand an act of the notary, here present. 



22 HISTORY OF LOUISIANA. 

The cross was then planted with further ceremonies and 
near it was buried a leaden plate engraved with the arms of 
the king of France, and the inscription, Ludovicus Magnus 
regnat: Louis the Great reigns. 

La Salle fjell ill on the return voyage and was forced to 
Stop at Fort Frudhomme, while Tonty carried the report of 
the expedition to Canada. By the middle of summer he was 
able to go to Fort Miami. There he remained for a year with 
Tonty, arranging plans for a new expedition. He then went 
to Canada and sailed to France. 

QUESTIONS. 

What was La Salle doing meanwhile? Give an account of his 
schemes? What friend did he gain in France? Continue La Salle's 
operations, start and iourney? What fort did he build on the St. 
Joseph? Continue account of journey? What was the location and 
name of his third fort? Why was La Salle forced to return to Canada? 
Relate his return? Who and what was Hennepin? Continue account 
of La Salle? Where is Fort Prudhomme? Describe Kappas and 
Arkansas village? Describe the great Tensas village? Quinipissas 
village? The deserted Tangipahoa village? Describe the act of 
taking possession? 



CHAPTER IV. 

FRENCH EXPLORERS CONTINUED. 

La Salle's new expedition was to be an entirely different 
enterprise from the last. 'Instead of undertaking again the 
long, difficult and dangerous journey from Canada, La Salle 
decided to sail direct from France, and found a colony at 
the mouth of the Mississippi, fetching at once all the settlers 
and materials necessary. When the colony was fairly es- 
tablished he intended to open communications with Canada, 
and build his line of forts and trading posts along the way 
to it. The Mississippi, it is true, did not lead to the west 



FRENCH EXPLORERS. 23 

and to China, but it flowexl south, leading to the mines of 
]\Iexico and the trading centres of Spanish America and the 
\Vest Indies. He had visions of discovering in Louisiana 
gold and silver mines as rich as those in Mexico, and of 
monopolizing all the commerce of the Gulf of Mexico and 
the Carnbean Sea. He even looked forward, in case of a 
war between France and Spain, to the invading and captur- 
ing of Mexico itself. 

The court of France granted all that was needed for the 
new colony and forts, and La Salle, confident and full of 
hope, sailed with two hundred and eighty colonists, in four 
ships, from La Rochelle, in July, 1684. But from its be- 
ginning the enterprise seemed doomed to disaster and mis- 
fortune. 

The same unhappy faults of temper which made La Salle 
unpopular with his subordinates and companions before, 
produced dissensions again. His jealousy and tyranny be- 
came unbearable. Before he was half way across the ocean 
his men hated him ; he was in dispute with every officer in 
the squadron, and in open quarrel with Mr. de Beaujeu, the 
of^cer of the royal navy sent to escort him. At St. Domingo 
many of his men deserted. The rest suffered cruelly from 
an epidemic of fever then raging there. La Salle himself 
fell dangerously ill of it, and while he was slowly recovering 
he heard of the capture of one of his vessels and valuable 
cargo by the buccaneers. The news gave him a relapse, from 
which he came near dying. Finally he was able to set sail 
in the month of December. 

On the Gulf Coast. 1685.— On 'New Year's day, 1685, 
they came to anchor in sight of land. 

When he was at the mouth of the Mississippi, La Salle 
had taken its latitude, but not its longitude ; consequently he 
had to steer h's ships with only half knowledge of the loca- 
tion of the point he was steering for. Had he sailed due 
north fr©m the channel into the gulf, he would have hit it, 



24 HISTORY OF LOUISIANA. 

but he heard such exaggerated accounts of the easterly cur- 
rents of the Gulf of IMexico that he thought he must take a 
westerly course to counteract them. A look at the map will 
show the result of his error. Instead of landing near the 
mouth of the Mississippi he landed four hundred miles away 
on the coast of Texas. 

The low sandy shore was the same as the shore around the 
Mississippi, and its configuration was not unlike the delta. La 
Salic was convinced that it was the delta of the Mississippi 
and would hear no contrary opinion from any of his officers. 
The ships sailed along the coast until they came to Mata- 
gorda Bay ; there the colony disembarked. One of the freight 
vessels was wrecked entering the harbor and most of her cargo 
was lost. De Beaujeu, the royal escort, with his vessel, sailed 
back to France. A fort was built named Fort St. Louis, and 
the emigrants struggled along heroically for two years in their 
forlorn condition, building lodgings and fortifications and 
tdling the ground. But the seasons were against them, pro- 
visions and the supplies of clothing gave out, and sickness 
attacked them. The little graveyard filled, fuller and fuller. 
Worst of all, the last remaining vessel was wrecked and lost, 
and all communication with the mother country, all hope 
from the outside world, was cut off. Despair settled over the 
fort and its inmates. During this trying period, La Salle, 
always great in misfortunes, showed marvelous patience, 
courage and fortitude, day and night devoting himself to 
to those who had trusted their future to him. He was the 
last of the band, however, to open his eyes to the facts of 
his desperate situation, that instead of being on the Missis- 
sippi, he and his colony were castaways on an unknown and 
unexplored shore, out of reach of help of any French set- 
tlement. 

End of La Salle. 1687.— La Salle adopted the only re- 
source left him — to go on foot to Canada and fetch back 
help to the colony. He assembled what was left of his 



FRENCH EXPLORERS. 25 

wretched companions, only about forty now, and announced 
his resolution to them. He selected those who were to ac- 
company him, about twenty, among them his brother, the 
Abbe Cavelier, and his nephew, with a priest, and the young 
Frenchman, Joutel, who afterward wrote an account of the 
journey. The parting was sad and solemn, the women and 
young girls weeping bitterly. 

La Salle, still, notwithstanding the desperate nature of his 
mission, could not lay aside his haughty demeanor to his 
companions. The men under him, naturally lawless, had be- 
come savage with suffering and disappointment. They were 
not disposed to stand any discipline from their superiors. A 
dispute between some of them and La Salle's nephew re- 
sulted in the assassination of the nephew. The assassins 
then, for their own safety, forced all the men to join them, 
and to make themselves perfectly secure, and satisfy their 
long hatred against La Salle, they wayhiid and murdered 
him. 

Joutel, the priest, and La Salle's brother made their es- 
cape from the assassins. Reaching the Arkansas, they got 
into the Mississippi, and from thence to Canada and France, 
where they arrived eighteen months after leaving the coast 
of Texas. Their appeal to the king in behalf of their com- 
panions of Fort St. Louis was in vain. Louis XIV would 
do nothing for them. Their fate was indeed most tragic. 
The Indians fell upon the fort and slaughtered all the in- 
mates with the exception of two children and one man, whom 
they kept prisoners. The Spaniards, who claimed this part 
of the country, sailing over there not long afterwards to drive 
the French away, found nothing but dilapidated walls and 
buildings and mutilated corpses. One man, however, had 
made a life-saving effort for La Salle. This was Tonty. In his 
distant fort on the Illinois river, he heard from Indians and 
Canadian tramps that La Salle was in the mouth of the river, 
shipwrecked and a prey to the Indians. Raising a band of 



Ji6 HISTORY or LOUISIANA. 

Canadians, he with all speed journeyed there. He found, of 
course, no trace of La Salle nor of his expedition. 

QUESTIONS. 

How was the new expedition to be different from the last? What 
were La Salle's plans when the colony was established? When and 
with how many did he sail? What appears from the very beginning? 
What happened at St. Domingo? What did he do when the truth 
broke upon him? What happened? Who escaped? What did they 
do in France? What was the fate of the colony? Who made an at- 
tempt in behalf of La Salle? 



CHAPTER V. 

FRENCH EXPLORERS CONTINUED. 

France was at the time plunged in vvnr, fighting Spain, 
England, and the other principal powers of Europe com- 
bined against her in the league called the Holy Alliance. The 
Mississippi, the grand new territory of Louisiana, and the 
abandoned massacred colony of Matagorda Bay, were for- 
gotten in the excitement of great battles and sieges nearer 
home. But as soon as the peace of Ryswick was signed 
(1697), Louis XIV showed himself eager enough to take up 
and push La Salle's great scheme. 

Louis XIV, however, was not the only king of Europe 
who had his eyes fiexd on the rare prize of the Mississippi 
and Louisiana. There was, besides, William III, king of 
England, anxious to gain it to add to his possessions in 
America. And there was also Charles II, king of Spain, 
determined that no power except his should be established 
over the gulf, and near his precious mines of Mexico. 

Louis XIV's minister of marine was the Count Louis de 
Pontchartrain, a man of great moral worth and enlighten- 
ment. The Count de Pontchartrain's secretary and assistant 
was his son, Jerome Count de Maurepas, a young man of 



FRENCH EXPLORERS. 



27 



brilliant qualities, filled with ambition for himself and 
for the glory of France. It was to these two men that 
France owed her triumphs over England and Spain in the 
contest for the possession of the Mississippi and Louisiana. 

When Louis XIV announced, after the peace of Ryswick, 
his determination to continue La Salle's enterprise, Pont- 
chartrain, with energy and vigor, fitted out the expedition 
for.it, and Maurepas produced the man to lead it. This man 
was the great Canadian seaman, Pierre Lemoyne d'lber- 
ville. 

Iberville. i6g8. — Iberville was the son of Charles Le 
Moyne, of Dieppe, Normandy, one of the earliest and most 

noted settlers of Canada. He was 
one of nine brothers, all of whom 
distinguished themselves working 
and fighting for their country.* Of 
v^ all the nine, Iberville was the most 
jj**^ glorious, and it is with pride that 
Louisiana points to h i m as her 
founder. 

Before he was fourteen, he had 
become a good sailor by cruising 
in a vessel of his father's in the Gulf 
of St. Lawrence. After that he voy- 
aged on the Atlantic, sailing with- 
skilful navigators, to and fro, be- 
tween Canada and France. Strong, active, daring and hand- 
some, he never failed to please his superiors and secure the 
good fellowship of his subordinates ; and there seemed no 
enterprise on land or sea perilous enough to daunt him. His 




IBERVILLE. 



*The names of these famous brothers were Charles, Sieur de Longueuil ; Jacques, 
Sieur de Sainte Helene; Paul Pierre, Sieur d'Iberville; Paul, Sieur de Maricourt; 
Francois, Sieur de Bienville; Joseph, Sieur de Serigny; Louis, Sieur de Cha- 
teauguayl; Jean Baptiste, Sieur de Bienville II. The youngest brother, named 
Sauvole, died in infancy. He has been mistaken for Snuvole, the French officer 
who sailed with Iberville, and who is called the first g'overnor of Louisiana. 



28 HISTORY OF LOUISIANA. 

most famous exploits were against the Englisli in Hudson's 
Bay and on the coast of Newfoundland. In canoe or in 
snow shoes, brandishing gun, hatchet or cutlass, we see 
him ever in the front of his hardy band of Canadians and 
Indians, and always leading to success. From 1686, the 
year that the unfortunate La Salle was making his life and 
death struggle on the coast of Texas, until 1697, when the 
Peace of Ryswick put an end to the war with England, he 
was the hero of one brilliant action after another, until his 
name in the reports from Canada to France became the sure 
sign of French victory and English defeat. 

When Maurepas, therefore, sent for Iberville and confided 
to him the mission of completing La Salle's work, he well 
knew that his man was one who had never disappointed ex- 
pectations of a friend or a foe 

Iberville's Expedition. 1698. — La Salle's original plan 
was to be carried out. A colony was to be transported di- 
rectly from France to the Mississippi and settled there ; com- 
munications were to be opened by river to Canada, and forts 
built at the mouths of all the important streams emptying 
into the Mississippi. 

Pontchartrain and Maurepas threw themselves heartily 
into pushing forward the preparations. Two frigates, the 
Badine and Marin, were fitted and manned with a picked 
crew; a:nd two freight ships were purchased and filled gen- 
erously with stores of ammunition, arms, provisions, presents 
for the Indians, etc. Iberville himself superintended every- 
thing on the spot ; selected his men, tried, tested his arms, and 
examined the provisions and presents for the Indians. For 
in all his enterprises Iberville never left anything to the chance 
of another man's sense of duty. 

Joutel was, after all his adventures, living peaceably in his 
native city of Rouen. Pontchartrain tried to induce him to 
join the expedition, but Joutel refused. He sent, however, 
to Iberville the journal he had written of La Salle's expedi- 



KHEN'CH EXPLORERS. 29 

tion. It contained only the accounts of a great failure, but 
there is no surer way to success than by studying the reasons 
of another's failure. 

Everything being completed on the morning of the 24th of 
October, 169S, Iberville fired the signal from his frigate, the 
Badine, and led the way out of the harbor of Brest, followed 
by the Count de Surgeres in the Marin ; the heavily loaded 
freight ships sailed slower behind them. 

With Iberville sailed his young eighteen-year-old brother, 
Bienville, a midshipman ; with the Count de Surgeres sailed, 
as lie.utenant, the Sieur de Sauvole,* both destined to be gov- 
ernors of Louisiana. 

One of the freight ships disappeared in a gale, off Ma- 
deira, and after a short search was given up as lost. The rest 
of the squadron, after a quick and uneventful voyage, ar- 
rived at St. Domingo, where they made a hasty stay for sup- 
plies of fresh water and food. Here the royal escort, the 
Marquis de Chateaumorant, on the warship Fraiicois joined 
them, and shortly afterwards, much to the delight of the 
whole squadron, the lost freight ship made her appearance, 
with her mast broken, but not otherwise injured by the gale. 

Before he left France, Iberville had heard of an English 
expedition being fitted out also to discover and take posses- 
sion of the mouth of the Mississippi, and he had made up his 
mind, if it were to be a race, to be the first at the goal ; if a 
contest, to hold good, by ruse or force, his reputation against 
his rivals. 

Some English vessels had been sighted off St. Domingo ; 
fearing that they might belong to the English expedition, he 
hastened his departure, setting sail from the island on the last 
day of December. He took with him as pilot, Lawrence de 
Graff, one of the most noted buccaneers of the time and 

* This is the officer sometimes called, in early histories, the brother of Iberville 
and llienvillo. He, however, w;is no relation to them. 



30 HISTORY OF LOUISIANA. 

region, a man who had lived upon the Gulf ot Mexico and 
knew it thoroughly. 

They sailed through the channel of the Yucatan, and 
steered due north, across the Gulf of Mexico. Anchoring 
every night and sounding their way as they went along by 
day, they advanced slowly. It was not until the afternoon 
of the twenty-third day that land was sighted. Taking his 
bearings, Iberville found that he had struck the coast of 
Florida as he expected, just south of Apalachicola Bay. 

De Graff had spoken of a beautiful harbor on the coast of 
Florida, well known to buccaneers, who went there for mast 
timber and to get shelter from storms. Iberville, anxious to 
find and take possession of it, commenced a systematic 
search for it. He sent a barge to row in and explore close 
along the shore, while he brought the ships in as near as 
their draught permitted, and scanned the land with his glasses. 
Mile after mile was thus passed. Suddenly the barge sig- 
naled a bay ahead with the masts of vessels in it. Iberville 
thought the vessels must be English. He fired the signal 
to halt. The vessels in the bay, taking it for a warlike 
demonstration, answered with a volley of musketry. Then a 
fog fell and the vessels saw nothing of one another for hours. 
When it lifted, Iberville sent a party ashore and found out 
that the harbor was the one he was in search of, but that the 
Spaniards were in possession and had named it Santa Maria 
de Galvez de Fensacola. 

The disappointed French squadron remained at Fensacola 
several days and then set sail for Mobile Bay. 

Fearing opposition from the Spaniards, Iberville concealed 
from them the real object of his expedition, giving out in- 
stead that he was in search of some roving coureurs de bois, 
to whom he was carrying the king's orders to return to Can- 
ada. 

Mobile Bay. 1699. — The ships anchroed in front of Mo- 
bile Bay. Iberville, with his young brother, Bienville, crossed 



FRENCH EXPLORERS, 31 

to the long-, narrow island that lay like a breakwater 
between the gulf and the bay, and explored it, At one end 
they came to a ghastly heap of human bones, left from some 
ruthless Indian massacre ; so they named the island Massacre 
Island. A lenific storm here broke over the fleet. Iberville," 
engaged in soundnig the channel, was driven with his men 
to one of the near little islands for shelter. For three days 
they were held there, storm-bound, the driving rain, mis';s 
and spray shutting them off from even the sight of their ves- 
sels in the gulf. 

When the storms had subsided and fair weather set in, 
Iberville explored the shores of Mobile Bay. Returning to 
the ships, anchors were raised and sails set for another 
stage of the search. 

Mobile Point and Massacre Island dropped in the distance 
behind them. Before them, in the beautiful blue, glistening 
waters to the north and northwest, other islands came into 
view ; dots of white sand and green trees that seemed to float 
on the dancing waves. Iberville sent Bienville to look for 
harborage in them from the south wind that was threatening 
another storm. Bienville returned after an unsucc-essful 
search and the ships sailed on anxiously in the stiffening 
breeze. Other islands appeared in the northwest, and nearer, 
in the south, two flat, sandy surfaces. Iberville ran into these 
and found the shelter he needed. It was Candlemas day, and 
the islands received the name of Chandeleur Islands. In 
the mornii'-g, Bienville was again sent out to look for a har- 
borage among the islands to the north and a pass between 
them. This time his search was successful. At daylight, 
Iberville, leading the way in the Badine, steered his fleet 
through the pass between the two islands and anchored safely 
in the harbor of Ship Island. 

His men, freed at last from their long confinement on ship- 
board, spread themselvesgladlyoverthe small place, delight- 
ing in the rare abundance of fish and oysters. The live stock 



82 HISTORY OP LOUISIANA. 

was landed ; the swine were put on the adjoining island, 
which the sailors named Cat Island, on account of the quan- 
tities of little animals upon it, which they took for cats. The 
little animals were really raccoons, and it is said that in a 
few years the swine destroyed them all. 

QUESTIONS. 

What was the condition of France at the time? What followed 
after the Peace of Rjswick? Who, besides Louis XIV, wanted Louis- 
iana.? Who was the Count de Pontchartrain.? Who the Count de 
Maurepas? Who was Iberville.'' How many brothers had he? When 
were his most famous exploits performed.? Whose plan was to be 
carried out.? When did Iberville sail.? Who sailed as midshipman 
under him.? Who as lieutenant under Surgeres? Relate the voyage 
to San Domingo.? What did Iberville hear before sailing from 
France.? Whom did he take with him as pilot.? How did he steer 
across the gulf ? What part of the Florida coast was first sighted.? 
What had De Graff spoken of.? What harbor was it.? Why did Iber- 
ville conceal his designs from the Spaniards.? For what point did he 
set sail? Why was the island named Massacre? How were Chandeleur 
Islands named? Why was Cat Island so named? 



CHAPTER VI. 
FRENCH EXPLORERS CONTINUED. 

North of Ship Island, about twenty miles away, the low, 
scalloping shore line of the mainland could be seen, and upon 
it, with glasses, Iberville could distinguish the forms of Indians 
moving about. He lost no time in sailing over there in a 
sloop, well provided with presents for the Indians and well 
protected by a ciew of Canadians. Bienville accompanied 
him in a canoe. Landing, they followed the tracks of the In- 
dians, and came to where they could see canoes full of them 
busily crossing to and fro between Deer Island and Biloxi. 
At sight of the white men the natives abandoned their 
canoes and fled in terror. The Canadians pursued, but were 



FRENCH EXPLOKKUS, 33 

only able to come up with one of them, a poor old man who 
lay helpless on the beach, unable to move on account of a 
IDutrefying sore on his leg. He was moaning and shivering 
with cold and pain and seemed to expect instant death from 
the white men. The Canadians reassured him by signs, 
took him in their arms and carefully carried him higher up 
the beach — laid him on a buffalo skin and kindled a fire 
to warm him. They put a handsome present of tobacco near 
him, and, to show that they did not intend anything un- 
friendly, drew up the abandoned canoes of provisions on the 
beach and left them. A squaw, as old and almost as 
wretched as the man, seeing that the white men did nothing 
warlike, crept out of the woods where she had been hiding 
and watching, and joined the group. The Canadians with- 
drew and left them together. 

During the night the old woman slipped away to carry the 
news and some of the tobacco to her tribe. In the morning 
the Canadians found a piteous spectacle ; the fire had caught 
on the weeds and grasses around the old man, and the poor 
wretch lay half burned. The Canadians did what they could 
to ease his pains, but in a few moments he died. 

The old squaw returned, bringing some of her tribe with 
her, and later in the day many more came slipping out of 
the forest to jom in the smoking and feasting of the white 
men, and received some of the tobacco, hatchets, knives, 
beads and paint which Iberville distributed with a generous 
hand. He finally succeeded in gaining their good will and 
confidence sufficiently to induce three of the chiefs to go with 
him on a visit to the ships, Bienville and two Canadians 
being left behind as hostages. 

Ship Island. 1699. — As the boats approached the ships 
the chiefs stood up and began to chant their peace songs. 
Their reception gratified their vanity exceedingly. Iberville 
had cannon shot off, and the ships put through their manoeu- 
vres and gave them a great feast with sagamity made with 



34 HISTORY OF LOUISIANA. 

prunes. He gave them, also, brandy to drink, which aston- 
ished them greatly, burning their stomachs so long after it 
was swallowed. But what excited their greatest wonder and 
admiration was the spy glass, by which they could see so far 
with one eye, while the other eye stayed at home. They ex- 
amined everything on the floating houses, as they called the 
ships, with the greatest curiosity. They belonged to the 
Annochy and Biloxi tribes and lived on the Pascagoula 
river. They did not know anything of the Mississippi, nor 
of any of the tribes met by La Salle. 

When Iberville returned with them to the mainland, he 
found Bienville making friends with a new set of Indians. 
These were a party of Bayougoulas and Mongoulachas war- 
riors who were out on a hunt, but hearing the sound of cannon 
they had hastened to the seashore to find out what it was. 
Much to Iberville's gratification they lived on the banks of 
the Mississippi, which they called the Meschacebe, and knew 
the tribes met by La Salle. Iberville gave them a store of 
presents, among them a calumet or peace pipe, such as they 
had never seen before. It was of metal, shaped like a ship 
under full sail, flying thelily banner of France. The evening 
was passed in a great jollity, with singing and dancing and 
telling of stories around the camp fire. In the morning the 
warriors left to continue their hunt, promising to return in 
.three days and guide Iberville by the little river they traveled 
on into the Mississippi. They were to light a fire at the camp 
on the seashore, as the signal of their return, and Iberville 
was to answer by a cannon shot. Iberville sailed back to his 
ships, elated. Once guided into the river, all that he had to 
do to accomplish his task, was to follow it to its mouth, fix 
the exact latitude and longitude, make his way to Ship 
Island, get his vessels and sail there. 

Twenty-four hours later, a day too soon for the appoint- 
ment, the signal fire was descried on the mainland. Iberville, 
with all haste, sailed over to the spot. But he found only 



FRENCH EXPLORERS. 86 

the forest ablaze from the fire ; not an Indian was to be seen. 
He returned disappointed to Ship Island. 

Looking for the Mouth of the Mississippi. — The next 
day, however, he had another expedition ready to execute his 
first plan. Two sloops were manned with a good force of 
Canadians, sailors and filibusters,* and provided with ample 
supplies of ammunition and food for six weeks and each car- 
rying a canoe in tow. Iberville commanded one, Sauvole the 
other. They sailed from the ships, and steered south, where 
in clear water low lying groups of bare, sandy islands could 
be seen. 

In the Mississippi Delta. — It was Friday, the 27th of 
February. The wind was from the southeast, with rain and 
fog. The sea tossed restlessly. Running the length of the 
first island, the boats entered the strange scene of the Missis- 
sippi delta. Far as the eye could reach, islands small and 
great rose before them. Some standing high and dry, others 
rippled over by the slightest wave. Here the water broad- 
ened out into deep, handsome bays ; there it crested and 
curled into sheets of foam, over rising bottoms and sand bars. 
No vegetation was to be seen except willows and osiers. The 
mc n struggled with sail and oar to find a way through the 
watery maze ; consuming hours to get around one island only 
to find another blocking their path. Well tired out at night, 
they pitched their camp on the nearest dry land. They made 
now and then catches of fish and gathered oysters to add to 
their fare. The only game they saw was wild-cats ; great 
rough, red-furred animals. On Sunday such a furious storm 
broke over them that they could not leave their camp. The 
thunder pealed as they had never heard it before; the light- 
ning flashed fearfully ; the rain descended in torrents. The 
water rose until it stood two inches over the highest part 
of their island, and the waves swept it from end to end. 

*The term filibuster is derived f'om "flibote,"a small, fast sailing vessel used 
by the Dutch. It was applied to rovine adventurers who formerly sailed the Gulf 
of Mexico in search of conquest and plunder. 



86 HISTORY OF LOUISIANA. 

The day was passed cutting osiers and piling them up to 
stand on, catching rain for drinking water, and during the 
showers hanging shivering over the smouldering fire to pro- 
tect it. 

Finding the Mississippi. Monday, March 2, 1699. — 
On Monday the weather permitted an early start. Steering 
always south and southeast, the sloops kept the irregular 
shore line to the right in view, so as not to pass any river 
that might be there. The northeast wind rose to a gale and 
the sea broke over the small barks. The canoes were taken 
up and shipped inside, and the men took turns holding their 
gummed cloths down over the deck by main strength, to 
keep the water from pouring in and swamping them. Tack- 
ing this way and that, first off the shore for fear of being 
beached, then on, for fear of being engulfed in the raging 
sea, the sloops fought their way along. For three hours they 
battled gallantly to double a rocky point that rose grim and 
threatening before them. The night was coming on. The 
bad weather showed no signs of abatement. Iberville saw 
before him no hope. He must either be wrecked ashore or 
perish at sea during the night. Determined to seize the one 
chance of daylight for himself and his men, he grasped the 
tiller, put his sloop about, and, with the wind full astern, 
drove her upon the rocks. The other sloops followed his 
example. But, to his wonder, as he approached, the rocks 
opened out before him and through the openings whitish 
muddy water gushed into the gulf. He steered into it, tasted 
it ; it w^as fresh ; the Mississippi was discovered ! 

The murderous rocks were only driftwood, piled in huge, 
fantastic shapes, covered with deposits of Mississippi mud, 
hardened into cement by sun and wind ! They looked indeed 
like the palisades which made the Spaniards call the river the 
Palissado. 

The boats advanced up the river until they came to a good 
camping place. Then landing, lighting their fires, and pul- 



FRENCH EXPLORERS. 8? 

ting their supper to cook, the men threw themselves upon the 
rushes and enjoyed the rest they had so richly earned. 

It was the last Monday of the carnival ; as the stars came 
out, and the savory fragrance of their homely repast stole 
upon the air, they could not help contrasting their day's 
work with the masquerading and frolicking of friends and 
relatives in the old world. And they exulted in the dangers 
they had run, and the brave success they had met, for, as 
Iberville said, it was a gallant task, discovering unknown 
shores in boats that were not large enough to keep to sea 
in a gale, and yet were too large to land on a shelving shore, 
where they touch and strand a mile out. 

QUESTIONS. 

What lay to the north of Ship Island? Relate what followed. Give 
episode of the old Indian. Describe the reception and entertainment 
of the Indians at Ship Island. To what tribe di 1 they belong? Did 
they know anything of the Mississippi or of the Indians met by La 
Salle? What did Iberville find on his return to the mainland? To 
what tribe did these Indians belong? Where did they live? What 
did they promise Iberville? What followed? Continue A^ith the 
start on Monday. What course did the boats pursue? Why? De- 
scribe the gale. Relate what followed. What were the murderous rocks 
at the mouth of the river? What had the Spaniards calle 1 the river? 
What day was it? 



CHAPTER VII. 

FRENCH EXPLORERS CONTINUED. 

The next morning Mardi Gras, mass was celebrated, the 
Te Deum sung, and a cross and the arms of tlie king of 
France erected. The boats pushed off from the shore for 
the exploration of the river. Like De Soto and La Salle, 
Iberville gazed with awe at the mighty stream which rolled 
before him, whose currents bore down what appeared to be 
floating forests. The boats had hard work to make any head- 



88 HISTORY OF LOUISIAXA. 

way with such a current against them ; tl.ey needed a new 
wind for every turn, and could not make mucli use of 
their sails, and the men at the oars declared they rowed six 
miles to progress one. Their first day's journey ended at the 
little bayou named Mardi Gras for the day. . 

The low, grass covered banks began to rise higher and 
higher as they advanced. Instead of willows and sedges, 
oaks and magnolias and thickly grown forests gradually 
made their appearance. 

Bienville, paddling ahead to reconnoitre, would sometimes 
startle up flocks of ducks and sarcelles ; and sometimes deer, 
wild beeves, raccoons and opossums running along the bank, 
would tempt the Canadians into a hunt; and great was the 
rejoicing around the camp fire when fresh game was brought 
in to add to their larder. Several alligators were killed and 
the meat cooked, but it was not exactly enjoyed. Every 
afternoon when the camp was pitched the cannon was lireil 
off to attract the attention of any Indians thereabouts, and 
[berville would climb to the top of a tall tree to take obser- 
vations of the new country about him. They saw no Indians 
until the fifth day, when turning a bend the explorers came 
iipon two in a pirogue. But in a Hash, they leaped to shore 
and disappeared in the woods. A gun shot further on, five 
pirogues full of Indians were seen. Iberville succeeded in 
speaking with them. These Indians belonged to the Annochy 
tribe, which lived, as we have seen, along the lake shores. 
They gladly traded their stores of dried meat to the French- 
men. One old fellow in particular was most enterprising ; 
spreading out his entire stock and sitting behind it in market 
style, bargained the whole of it — a hundred pounds — for two 
knives. The Annochys knew the Bayougoula hunters who 
were met by Iberville and they gave him a guide to their vil- 
lage 

Site of New Orleans. — That night the camp was pitched 
close to the spot selected by Bienville twenty years afterwards 



FRENCH EXPLORERS. 39 

for the site of New Orleans. Near by was a deserted Indian 
village formerly inhabited by the Quinipissas It consisted 
of ten cabins, thatched with palmetto. On a tall point 
of the bank commanding the river, was a fortified oval 
shaped cabin, surrounded by a palisade. A few miles higher 
up the guide conducted Iberville to the portage used by the 
Indians in their journeys between the river and the lakes- 
Taking iheir pirogues out of the river, they had only to drag 
them over a short road to launch them into a bayou that ran 
into the lake. Both banks of the river in this locality were 
covered with canebrakes of enormous height and thickness. 

At the mouth of a bayou on the west bank, which seems 
to have been our present Lafourche, two large pirogues of 
Ouachas and Bayougoulas were met. As soon as the Bayou- 
goulas heard that the French intended visiting their village, 
they turned back in their pirogues to announce the news, so 
that a reception could be prepared. The next day, when the 
boats arrived in sight of the landing, a pirogue of Bayou- 
goula and Mongoulacha warriors came out to meet them, 
changing peace songs and brandishing their calumets, gaily 
adorned with brilliant feathers. At the landing the white 
men, according to Indian notions of politeness, were ten- 
derly helped from their boats, supported under their elbows, 
and conducted to where the chief sat, surrounded by the 
squaws and warriors of the united Bayougoula and Mon- 
goulacha tribes. Mats of cane and skins were spread on 
the ground in a cleared space for the guests. In the centre, 
resting on two forked sticks, guarded by two warriors who 
never took their eyes from it, was the precious calumet pre- 
sented by Iberville on the lake shore. 

Traces of Tonty. — The chief, a man of great pride and 
dignity, wore a coat of blue French serge. Iberville's first 
question was to find out where it came from. The chief 
answered that it had been given him by Tonty, of the 
Iron Hand, who had paid his tribe a visit in passing along 



40 HISTORY OF LbUISIANA. 

the river. The next day, .when Iberville went over to the 
village, a lew miles inland from the river, he discovered 
among the treasures of the temple a glass bottle, which the 
Iron Hand had also left in the tribe. 

The Bayougoulas and Mongoulachas. 1699. — The vil- 
lage of the Bayougoulas and Mongoulachas resembled almost 
identically that of the Tensas. There were only one hun- 
dred and fifty inhabitants in the village, a great many having 
died off in a recent epidemic. The cabins were cleanly kept. 
The bed frames, about two feet above the ground, had bark- 
covered branches the size of a man's arm, laid close together 
for mattresses, cane mats for sheets, and skins for covering. 
The only other furniture was earthen pots which the women 
made very nicely. The women tied their hair high on top of 
their heads and wore girdles of cloth woven from the fibres 
of trees, colored red and white and fringed with long cords 
that fell to the knee and shook with every movement of the 
body. The little girls wore girdles of moss. The men went 
naked except on grand occasions, when they tied around 
them a kind of sash made of feathers strung together and 
weighted at the ends with bits of stone or metal, which 
jangled and tinkled gaily when they danced. The warriors 
were handsome, well made and active, but very lazy. The 
fields for corn and pumpkin were small, and were tilled 
with implements of bone. When the crops were gathered 
they were used as play grounds by the tribes. There were 
a few chickens in the tribe which were said to have come 
from tribes in the far west, evidently from some of the Span- 
ish possessions. The dead, wrapped in straw mats, were 
placed on little conical, covered platforms, raised all around 
the village, attracting great crowds of buzzards and dissem- 
inating loathsome odors. 

The tribe regarded the opossum with particular venera- 
tion, but the French found it only a hideous combination of 



I'KENCH EXPLORERS. 41 

Ugliness, with its pig's head, rat's tail, badger's skin and 
pouched stomach. 

To requite the hospitality and friendliness of these Indi- 
ans, Iberville spread upon the ground before them a dazzling 
array of presents — scarlet doublets embroidered in gold, 
scarlet hose, blankets, shirts, mirrors, beads, hatchets and 
knives. The Indians gave also of their best in return ; feasts 
and entertainments, abundant supplies of corn and twelve 
large dressed deer skins. 

From accounts that he had of La Salle's Mississippi ex- 
ploration, Iberville understood that there was a fork about 
here in the river. His plan was to return to the gulf by 
this fork. But when he questioned the Bayougoulas they 
denied that there was any fork in the river, and said that 
when Tonty went to rescue La Salle he had paddled the same 
way both up and down the Mississippi. Fearing that the 
Bayougoulas might be deceiving him and concealing one of 
the outlets of the Mississippi, Iberville decided to go on to 
the next tribe, the Houmas, and interview them. One of 
the Bayougoula chiefs and a party of warriors accompanied 
him as guides and introducers to the Houmas. 

Manchac. — On the way the Bayougoula chief pointed out 
on the right a small stream, which he said was the only stream 
he knew that ran from the Mississippi into the gulf. It was 
called Ascantia, now Bayou Iberville or Manchac. Some 
miles further on, on the east bank, they came to a small 
river celebrated for its fish, that formed the boundary line 
between the hunting grounds of the Houmas and the Bayou- 
goulas. 

Baton Rouge. — Here Iberville saw a tall, straight pole,' 
painted red and hung with offerings of fish and game by the 
Indian hunters. The Frenchmen called it a "Baton Rouge," 
and thus named the spot afterwards to become the capital of 
Louisiana. 



42 HISTORY OF LOUISIANA. 

Pointe Coupee. — The next day the chief pointed to a tiny 
stream running into the river on the left, and said if the 
boats could only get through it, they would cut off a whole 
day's journey. Iberville was not the man to be stopped by 
an " if." He put his Canadians at once to work. A huge 
drift pile was cut away, the bottom of the stream was deep- 
ened and cleared, and the boats were slowly towed through 
and launched into the Mississippi, just eighteen miles above 
the point where they had left it. The Mississippi in course 
of time adopted this cut-off also, and in a few years aban- 
doned its old channel entirely for it. 

The Houmas. 1699. — The Houmas' reception was even 
more cordial than that of the Bayougoulas and Mongoul- 
achas. A delegation of them were waiting to welcome Iber- 
ville at their landing, and there was no end to their ceremo- 
nies and professions of friendship. Iberville, who did not 
smoke, complained of the number of times he had to smoke 
the calumet. When the ceremony was at last over, the 
officers and the delegation set out for the Houma village, some 
eight miles in'and. The Indians kept up their peace songs 
all the way, leading their guests up and down hill, through 
canebrakes and swamps, at such a pace that the heavily clad 
Frenchmen were severely tasked to follow them. 

At the entrance to the village the chiefs and principal 
warriors advanced, brandishing crosses inade of white wood. 
All assembled in the open space in the centre of the village, 
where presents were exhibited, speeches made, more calu- 
mets smoked, and a great feast served. In the afternoon the 
handsomest of the young warriors and squaws, in all their 
finery of paints, feathers and jingling girdles, bounded from 
behind the trees and danced until late in the evening, to an 
orchestra of gourd rattles.* 

Then all adjourned to the great cabin of the chief, where, 
lighted by huge blazing fagots of cane, the frolic was kept 

•Called Chichiconchy, made of hollow gourds with pebbles inside. 



FRENCH EXPLORERS. 43 

up till midnight. The French officers retired to the couches 
prepared for them, but not to sleep, for the chiefs harangued 
one another with interminable addresses until daylight. 

The Houma village was large and well built, like that of 
the Bayougoulas, but the tribe had also been very much 
thinned by a recent epidemic. They knew Tonty, who had 
passed several days with them, leaving his boats at the same 
landing where Iberville left his. But they said also that they 
knew of no fork in the river. Thinking that, like the Bayou- 
goulas, they might have some reason for deceiving him, 
Iberville determined to bring his visit to an end and hurry 
on to the Tensas and question them. Some of the Houmas 
and a Tensas Indian visitor consented to go with him. 

Turning Point. 1699. — The boats pushed away from the 
landing; the oarsmen showing fatigue and discouragement 
after their long, hard pull up the river, on no better rations 
than sagamity with an occasional treat of dried beef. Stop- 
ping for dinner, Iberville cross-examined all the Indians 
again, separately, about the fork in the river. They all agreed 
that the Mississippi flowed without a break to the gulf and 
that La Salle and Tonty had never traveled but one way to 
the gulf and back. He was forced to believe them. The 
Bayougoula chief, to prove his veracity, confessed to Iberville 
that Tonty had left a letter in his tribe to be delivered to a 
Frenchman, who was to come up from the sea (evidently 
meaning La Salle). The letter had been kept a secret from 
Iberville out of the suspiciousness and distrust natural to the 
Indian in treating with the white man. 

As he was pushed both for time and provisions, Iberville 
concluded that a further journey would be unwise and use- 
less. He gave the orders ; the boats were turned around. 

Rowing down stream, the men easily put mile after mile 
behind them. Arrived at the bayou called Ascantia, Iber- 
ville decided to go through it to the gulf. He left Sauvole in 
command of the expedition, and charged Bienville to obtain 



44 HISTOKV OK 1.0U1S1ANA. 

at any price Tonty's letter from the Bayougoula village ; and 
with two canoes, four Canadians and an Indian guide, he 
pushed his way through the tangled opening of what was 
called henceforth Bayou Iberville. 

Bayou Iberville. 1699. — It proved to be but ten feet 
wide and three feet deep at most, and so choked up as to be 
almost impassable for even a pirogue. The first day they 
traveled twenty-one miles and made fifty portages over fallen 
trees and rafts. After a few days the Indian guide deserted. 
Iberville continued without him, resolved to show the natives 
that he was not dependent upon them. Then one of the 
Canadians fell ill, and Iberville had to take his place, not only 
in paddling the pirogue, but in carrying an end of it over 
the portages. He noted with delight the beautiful country 
through which the Ascantia flowed. He said it was one of 
the finest he had ever seen — rich soil, handsome forests, and 
no canebrakes. The river was filled with fish, and alligators 
were so thick in it that at times he seemed to be paddling 
through a solid mass of them. He heard wild turkeys in 
quantities, but he did not succeed in killing any. 

The first lake he came to he named after his young pro- 
tector, the count de Maurepas ; the second after the count de 
Pontchartrain. 

Camping at night on the low grassy points or islands 
around the lakes, he made acquaintance with those pests of 
hunters and fishermen, mosquitoes ; " terrible little animals," 
he calls them, " to men in need of rest." 

Traveling from twenty to thirty-six miles a day, he soon 
came to the shores opposite Ship Island. He crossed over 
and mounted the deck of the Badine, just one month and 
two hours after he had started on his expedition. Eight 
hours later Sauvole and Bienville were seen speeding their 
way across the gulf. 

Bienville brought the precious letter left by Tonty. He 
had bought it for a hatchet. It was addressed to M. de la 



FRENCH DOMINATION. 46 

Salle, Governor General of Louisiana, and contained the 
account of the loyal pioneer's efforts to rescue his friend. 
He said he had found ihe cross erected by La Salle eight 
yeaVs before, lying half buried in the sand, and had set it up 
again twenty- one miles higher up the river. He had left 
another letter for De La Salle concealed in the hollow of a 
tree near the cross. As we have seen, no cross was found 
by the Iberville expedition, either going up or coming down 
the river; it had disappeared, and with it all clue to the 
other letter. 

QUESTIONS. 

What took place Mardi Gras morning? Account of journey up the 
river? The meeting with the Indians? Where did the French camp 
that ni^ht? What of the portage? Describe arrival and reception at 
Bayougoula and Mongoulacha landing? What did the chief wear? 
What was this trip of Tontj's? Describe Bayougoula and Mongoul- 
acha village? What of the Asc^ntia? Relate origin of the name of 
Baton Rouge? What about Pointe Coupee? Describe Houma recep- 
tion? Welcome C'f French? Did the Houmas know of the fork in 
the river? What did Iberville do at noon? What did Mongoulacha 
chief confess? What did Iberville conclude? What did he decide 
about the Ascantia? What was the Ascantia henceforth called? When 
did he arrive at his ships? What did Bienville bring? 



FRENCH DOMINATION, 



CHAPTER VIIL 

ESTABLISHMENT. 

Iberville had intended to take possession of the mouth of 
the river by making an establishment there. But now, with 
time and provisions running short, he saw that he must select 
some spot nearer Ship Island and his vessels. His choice lay 
between a site on Lake Pontchartrain ; the mouth of the 



46 



HISTORY OF LOUISIANA. 




FUENCH DOMINATION. 47 

Pascagoula river, and the Bay of Biloxi. The advantages 
of the last were found so Ejperior to those offered by the 
other two places that he decided in favor of it. 

The spot selected for the fort was on the highest point of 
t'le rising ground on the eastern shore of the hay. Work 
was commenced upon it immediately. Trees were cut, 
a space cleared and the fort laid out. The barges and 
small boats plied incessantly between it and the ships, 
fetching over the supplies of tools, implements, provisions, 
arms and ammunition, and the details of workmen drawn 
from the crews. The logs for the bastions and stockades 
were cut a mile and a half away and boated to the building. 
Corn and peas were sown in the clearings. In six weeks 
enough was completed to justify Iberville's leaving for 
France. He put the Sieur de Sauvole in command, and Bien- 
ville second in command under him. Then taking with him 
only the men and provisions necessary for his own ships, he 
sailed for France. 

Sauvole vigorously carried on the work left him to do. He 
finished the fort, maintained discipline among his men, and 
made friends with his Indian neighbors. Almost every week 
brought a visit from some of them, prompted by curiosity 
or greed. 

The first to make an appearance was their old acquaint- 
ance, Autobiscania, the Bayougoula chief, with a party of 
his warriors. They were received with military honors, 
which duly terrified them, as was intended ; but the presents 
reassured them, particularly the shirts, which to their great 
delight were fitted upon them. They looked with wonder at 
the fort, astonished that the French could get together and pile 
up such a number of great logs in so short a space of time. 
All went well until the ?entinel came at nightfall to get the 
watchword from the sergeant. The whisperings threw the 
Indians into lively fears of treachery, out of which Sauvole 
had to calm and soothe them. 



48 HISTORY OF LOUISIANA. 

At daylight they confessed that their wives were on the 
side of the bay, and they would also like to see the fort. 
Permission being given, the savage dames were sent for. 
They landed ; Autobiscania, anxious that the show should 
be equal to female expectations, made signs to Sauvole to 
put his men under arms, and ran himself to hunt up the 
drummer. The visit terminated to the satisfaction of all. 

Bienville's Explorations. — After Iberville's departure 
from Biloxi, while Sauvole was regulating the affairs of the 
fort, Bienville proceeded to make acquaintance with the na- 
tives and country about him. He visited the Quinipissas, 
who lived on the shores of Lake Maurepas, and sought out 
the villages of the Moctobys, Biloxis, and Pascagoulas along 
the Pascagoula river. From there he went to Mobile Bay 
;ig:iin and explored it, and made a reconnoissance on fo t 
of Pensacola and its surroundings. On his return to Biloxi, 
he, with two pirogues and five Indians, set out once more to 
retrace Iberville's journey through the lakes and Bayou Iber- 
ville into the Mississippi, and to explore Bayou Plaquemine. 
But he found the Indians living on Bayou Phiquemine, the 
Ouachas, Chouachas and Opelousas, so ferocious and menac- 
ing that he was glad to beat a retreat to the Mississippi 
again. 

Paddling his way confidently along to within twenty-three 
miles of its mouth, he rounded a bend and was arrested by a 
sight which startled and transfixed him. A corvette lay 
anchored mid-stream before him. He sent his companion 
pirogue forward to speak the vessel. It proved to be Eng- 
lish. Bienville then advanced and went aboard. The cap- 
tain, named Banks, turned out to be one of Iberville's old 
Hudson Bay prisoners, and therefore an acquaintance of 
Bienville's. The ship belonged to the expedition of which 
Iberville had heard, and for which he had been so anxiously 
on the look-out. It was one of three vessels loaded with 
emigrants which had sailed from England to make an estab- 



FRENCH DOMINATION. 49 

lishment on the banks of the Mississippi about the very 
time that Iberville, with his squadron, sailed from France. 
They had passed the winter in Carolina, where the greatest 
number of colonists, pleased with the climate, had chosen to 
remain. One ship had returned to England, leaving the 
other two to pursue the search for the mouth of the Missis- 
sippi. The captain said they had cruised fruitlessly for 
thirty leagues round about, when he found this stream and 
entered it. As it was the only large stream he had discov- 
ered in his cruise on that shore, he doubted not that it was the 
Mississippi. Bienville convinced him that the river and 
country were in the possession of the King of France, who 
had force sufficient at hand to protect his rights. He had the 
satisfaction of seeing the captain raise anchor and head the 
corvette down stream. " The English Turn " in the Missis- 
sippi still commemorates the bend in the river where the 
young lieutenant and his five Canadians obtained this triumph 
over the Englishman. 

Return of Iberville. — Iberville returned shortly after the 
new year, 1700. He brought with him supplies of money, 
provisions and reinforcements of men, amorg them sixty 
tried Canadians, who had been with him in Hudson Bay. ■ 
His seventeen-year-old brother, Chateauguny, accompanied 
him, and his relations the Sieur de Boisbriant, and the famous 
pioneer, Juchcreau de St. Denis ; a noted geologist, the Sieur 
Le Sueur, came over also with men and means to develop 
certain copper mines that were said to be in the upper Mis- 
sissippi country. 

Iberville stayed only long enough at Biloxi to get an expe- 
dition ready to build a fort on the Mississippi, which the visit 
of the English captain warned him to be necessary. During 
the search for a proper situation, Iberville coming to the de- 
serted village of the Quinipissas, made a planting of sugar 
cane there from seed he had brought from St. Domingo. 
But the seed, already yellow and sour, came to naught. 



60 HISTORV OF LOUISIANA. 

Fort Maurepas. ' 1700. — The location selected for the 
fort was on the left bank of the river, about fifty-four miles 
above its mouth. A strong log building twenty-eight 
feet square was put upon it; and a powder magazine, 
five feet above the ground, well banked with earth. During 
the building a pirogue of Canadians came down the river 
and stopped at the landing. Iberville greeted the leader, 
Tonty, " the Iron Hand," with warm welcome. The loyal 
rnan had heard of the French settlement and had traveled 
down the river to offer his services. Iberville gladly accepted 
them, for an exploration he wished to make into the Red 
river country, to find out the number of tribes of Indians 
living there, and the exact limit of the Spanish possessions. 
They set out at once. Stopping at the Houmas on their way 
up the river, Iberville gave them some apple, orange and 
cotton seed to plant. Louisiana thus owes to him the first 
plantings of her two great staples. 

The Natchez. 1700. — At the Natchez landing Iberville 
despatched a messenger to announce his presence to the 
Natchez chief. The chief responded by sending his brother, 
escorted by twenty-five men, with the calumet of peace and 
an invitation to the village. Climbing to the summit of the 
steep bluff, covered with magnificent forest trees, Iberville 
gazed with joy upon the beautiful rural landscape. "It was 
a country," he says, " of plains and prairies, filled with little 
hills and groves of trees, with roads intercrossing from village 
to village, and from cabin to cabin — a country resembling 
France not a little." Half way to the village the chief ap- 
peared, ceremoniously advancing, surrounded by his body 
guard — twenty large, well made men. 

The village differed from the other villages visited only 
in being handsomer and better built. The cabin of the chief 
stood on a spacious mound ten feet high. Facing it was the 
temple ; around stood the cabins, enclosing a handsome open 
space. A small running stream near by furnished the water. 



FRENCH DOMINATION. 51 

The Natchez were the most enlightened and civilized of 
the Mississippi river Indians. They worshipped the sun, and 
their chief was called after their deity the Great Sun ; his 
brothers the Little Suns. The government was an absolute 
despotism. The Great Sun was master of the labor, prop- 
erty and lives of his subjects. He never worked. When he 
wanted provisions he sent out biddings to a great feast, and 
the invited were required to attend, bringing sufficient sup- 
plies for the entertainment and for the after support of the 
royal family. None were allowed to approach him without 
observing an elaborate deferential ceremony. He selected 
his servants from the most noted families, and when he died 
these servants were sti'angled to death, to accompany him to 
the next world. When an heir was born, each family that 
had a new-born infant appeared with it in the royal presence 
and a certain number were selected to be his attendants. If 
the heir died, all thus chosen, were strangled. The chief- 
tainship was hereditary, but it was not the son of the 
Great Sun, but the son of his nearest sister or nearest female 
relative, who succeeded to the government. The royal 
princesses were not allowed to marry in the royal family, 
but were forced to take their husbands from the common 
tribe. No women except the mother and sisters of the Great 
Sun, were ever allowed to enter the temple. 

The Tensas. 1700. — The Indian guides all advised Iber- 
ville and Tonty not to attempt to go up Red river, which was 
much rafted and difficult of navigation. They persisted that 
the easiest and best way of getting into the Red river lands 
was by going up above Red river and striking across the 
country from the great Tensas village. The advice seemed 
reasonable, and it was followed. Iberville, with his party, 
paddled up to the Tensas landing and made their way on 
foot through the woods to Lake Tensas, where they found 
pirogues for the rest of the journey. They were well re- 
ceived by the Tensas, but during the night were witnesses of 



52 HISTOIIY OP' LOUISIANA. 

such a scene of barbarity as turned their hearts from the 
tribe. A terrific storm broke out. Lightning struck the tem- 
ple, setting it on fire. In a few moments it was entirely 
consumed. The Indian priest, or " medicine man," as he 
was called, attributed the disaster to the wrath of their god, 
because after the recent death of the great chief the tribe 
had not made the human sacrifices demanded of their faith. 

Standing by the furious flames, with the storm raging 
about him, he called out repeatedly in a loud, commanding 
voice: " Women, bring your children and offer them in sac- 
rifice to the Great Spirit to appease him!" Five squaws 
responded, and five papooses, strapped in their swaddling 
clothes, were thrown into the heart of the burning pile. 
Proud of his victory over them, the priest led the unnatural 
mothers in triumph to the cabin of the new chief, where all 
the village assembled to praise, caress, and do them honor. 
A painful trouble in his right knee prevented Iberville, at 
the last moment, from leading the exploration into the Red 
river country. He turned the command over to Bienville 
and journeyed back to Fort Maurepas. On his .arrival he 
fell very ill of fever, which kept him for some time from 
proceeding to Ship Island, where quite a notable event was 
happening to enliven the monotony of the officers' lives. . 

Visit from the Spaniards. 1700. — De la Riola, governor 
of Pensacola, came in all the panoply of his power with three 
armed vessels and several himdred men to protest against 
the French settling in a country which he claimed belonged 
to the King of Spain, The French, no ways intimidated bv 
the Spaniard's pomp and arrogance, determined to make as 
brave a show as he. During the four days of his visit all 
traces of sickness and privation were carefully hidden ; men 
and officers wore their gala uniforms; wine flowed and 
banquets were served with reckless prodigality and the 
fort and garrison kept up one continual round of gaiety 
and frolic. De \a Riola sailed away as majestically as he 



FRENCH DOMINATION, 53 

came, but was very much impressed with the abundance and 
stability of the new French establishment. He was soon to 
be still more impressed with it. 

Seven days afterwards the officers at Ship Island saw an 
open boat approaching from the sea, with figures of men in 
distress in it. They proved to be the stately Spanish com- 
mander and his officers, naked and famishing. A gale in 
the night had struck their squadron shortly after leaving 
Biloxi, and every vessel had been wrecked on Qhandeleur 
Islands ; they had not had time even to clothe themselves, 
and for five days had only had a small bit of chocolate to eat 
and nothing but sea water to drink. 

Again the French proved themselves equal to the occasion. 
Messengers were despatched with the news to Pensacola ; 
boats were sent to rescue the miserable crews perishing on 
the exposed sand bars; food, drink and clothing were pre- 
pared. De la Riola was equipped from tip to toe out of 
Iberville's wardrobe; the officers were supplied by the other 
French officers, and French boats conveyed them all to 
Pensacola. 

QUESTIONS. 

Where did Iberville intend to make his settlement? What of Sau- 
vole after Iberville's departure? What of Bienville? What Indians 
lived on Bayou Plaquemine? Give the meeting with the English ves- 
sel? What commemorates the circumstance? When did Iberville re- 
turn? Who accompanied him? What was his next expedition? 
What of Fort Maurepas? Planting of cane? What expedition did 
Iberville and Tonty undertake? What seed did Iberville give the 
Houmas? Describe Natchez village and the Natchez? Give an ac- 
count of Spanish commander's visit? 



54 HISTORY OF LOUISIANA. 

CHAPTER IX. 

FURTHER ESTABLISHMENT. 

Bienville left the Tensas village w^ith his party ; twenty- 
two Canadians, with six Tensas and one Ouachita for 
guides. It was early March, the severe winter still lingered, 
and the country was beginning to overflow from rising water. 
Not only was every little bayou swollen into a rushing stream, 
but great tracts of land lay under the water from knee to 
breast deep ; in many places over the head. As they had no 
pirogues they crossed on foot-logs when they could find them 
(they were generally hidden under water), and sometimes they 
would fell a tree for a bridge. But most of the times tliey 
swam or waded across, pushing their clothes before them on 
rafts ; always firing off their guns first, to scare away the 
alligators. Bienville was only of medium height, so he was 
At a great disadvantage, and many times had to swim, when 
his companions simply waded. The water was icy cold and 
the Indians soon turned back, saying they did not like walk- 
ing naked all day in cold water. At night the camp was 
pitched on any dry spot to be found. Sometimes the trav- 
elers would come to a good hunting place and a day would 
be given up to supplying their bags with game; but days 
would often pass when all the meals consisted only of sagam- 
ity. They would make from ten to twelve miles a day, cross- 
ing from six to a dozen bayous and swamps. Hardy as 
the Canadians were, many of them fell ill from the hard- 
ships and exposure. Often in the water they would be seized 
with chills and cramps, and were forced to climb trees and 
stay in the branches until they recovered. Once four men 
thus passed a whole day in the trees until rafts were sent to 
fetch them away. To add to their discomfort rain set in, 
and every day drenching showers would again and again wet 
them to the skin. But Bienville says they never stopped sing- 



FKENCH DOMINATION. 55 

ing and laughing, to show the Indians they met that French- 
men, unlike Spaniards, did not mind such fatigue. They 
met only a few Indians journeying to get out of the high 
water, or carrying salt from the salt springs in the Ouachita 
country to sell to the Indians along the Mississippi. 

They came to Red river, but found most of the villages 
inundated and abandoned. What Indians remained were liv- 
ing on rafts and scaffoldings, and their supplies of corn were 
too meagre for the French to buy any. 

Bienville visited some villages of the Natchitoches, Sou- 
chitionis, Nakasas,and Yataches, living above the water, and 
there he met some Caddodaquious Indians, They gave him 
so discouraging an account of the road and distance to their 
village that Bienville decided not to push his sick, disabled 
and half-starved men any further to get there. Procuring 
pirogues, he brought them down Red river to the Missis- 
sippi.* On his arrival at the settlement, Iberville put him 
in command of Fort Maurepas and sailed to France. 

Fort Maurepas. 1700. — Bienville took up his position at 
Fort Maurepas, which soon, with its fields of corn and vege- 
tables, formed a bright picture on the banks of the great, 
savage river. Canadian coureurs de bois learned the way 
down there from the north and west ; and every now and 
then bands of them would paddle up to the landing, their 
pirogues almost sinking under the heavy loads of peltry, 
dried meat and bears' grease ; the sombre forests resounding 
with the echoes of their loud frolicking. More quietly 
and humbly, missionaries, who had already begun to estab- 
lish themselves along the Mississippi, would come, with a few 
attendants only and Indian guides, to the new settlement of 
their faith and country to greet their compatriots and get 
tidings from France. 

* Juchereau de St. Denis the following yeai explored the same country as far as 
the Caddodaquious ; and a few years afterward founded a post at Natchitoches. St 
Denis' attempts tJ open an overland trade from the French colony to Me.^ico led 
to a series of romantic and thrilling- adventures of which he was a most interesting^ 
h«ro, St. Denis may be called the father of the Natchitoches country. 



56 HISTORY OF LOUISIANA. 

Biloxi. 1700. — At Biloxi Sauvole struggled through try- 
ing experiences. The Canadian settlers proved themselves 
unruly under discipline ; they liked no work but hunting and 
fighting, and were much given to drinking, saving up their 
daily allowance of spirits until they accumulated enough to 
get intoxicated. Then the Indian visitors came in such num- 
bers that he was hard pressed to give them the food and 
presents they expected, and without which they might turn 
into enemies ; in addition to this, great pirogues of Canadians 
would come to Biloxi from Fort Maurepas, and they would 
quarter themselves on the garrison until asked to leave. The 
ship of supplies promised from France did not arrive. Sau- 
vole had to send to St. Domingo and buy the necessaries of 
life. There was a drought which killed all vegetation and 
dried up all the springs. This was followed by a season of 
great rain. Fever broke out and soon became epidemic. 
Soldiers and Canadians died in numbers, 

Death of Sauvole. August, 1701. — The gallant young 
commander himself was stricken with it and died in August, 
1701, leaving his uncompleted journal for a record of his 
faithfulness and conscientiousness in duty. At the news of 
his death, Bienville hastened over from Fort Maurepas to 
Biloxi and took command. 

Arrival of Iberville. 1701. — In December, couriers from 
Pensacola brought news of Iberville's arrival at that port, 
accompanied by De Serigny, his brother, a mariner of great 
repute in the royal navy. He was unable to move from Pen- 
sacola, being confined to his bed with an abscess in his side, 
which caused him great suffering, and for which he had been 
operated on ship-board. The fever which he had caught on 
the Mississippi had continued in France, almost causing his 
death there, and preventing his return sooner to the colony 
with the supplies he had promised. 

Impressed with the necessity of a port directly on the gulf 
coast as a protection to his position on the Mississippi, and 



FRENCH DOMINATION. 57 

Still unreconciled to the possession of Pensacola by the Span- 
iards, Iberville had, durmg his long stay in France, endeav-, 
ored to procure its cession from Spain. He wrote an able 
]:)aper to the court of Spain on the subject, assuming as war- 
rant for his presumption the new and near relations between 
the thrones of France and Spain (the grandson of the king of 
France being heir to the throne of the king of Spain). The 
paper was submitted to the Spanish Junto, or council of 
state, who, far from approving his designs, warned him, as 
an interloper, off the coast which they claimed still as Span- 
ish. 

Iberville's answer to this was the determination to settle 
Mobile. That would give France a close and definite boun- 
dary line on the east against the Spaniards, assure her of the 
possession of the Mobile river, the next important stream of 
the country after the Mississippi, and secure to her the con- 
tinuous stretch of Gulf Coast all the way to La Salle's western 
limit, Matagorda Bay. Without loss of time, he sent orders 
to Bienville to transport the colony from Biloxi to Mobile. 

Mobile, 1702. — The new fort, named Fort St. Louis de la 
Mobile, was to be situated on the right bank of the Mobile 
rivei* about fifty miles above its mouth The work of 
removal from Biloxi was pushed forward vigorously. De 
Serigny brought over from Pensacola, his s'ni) laden wit!) 
the supplies for the colony, and all the small boats and men 
to be spared from Iberville's ship. Tents were erected on 
Massacre Island for the storage of freight until flat-boats 
could be built to convey it across the bay and up the river. 
As soon as Iberville was well enough to come to Mobile and 
superintend the work, Bienville was sent out to establish re- 
lations with the tribes of the country round about. On the 
island at the mouth of the Mobile he found only deserted 
habitations, and on one of them the carefully hidden gods of 
one of the vanished tribes. They were rude figures of men 
and animals, which the Indian guides would only approach by 



58 HISTORY OF I.OUISIA.VA. 

walking backwards, and which they warned Bienville not to 
touch on pain of death. 

Bienville, to the Indians' astonishment, carried them with- 
out suffering any disaster to Iberville, who examined them 
and pronounced them relics of some of the old Spanish ex- 
plorers. 

Eighteen miles above the fort were the Mobile Indians, the 
descendants of the fierce warriors who had given De Soto so 
warm a reception. Six miles above the Mobiles lived the 
Tohomes, a small but industrious tribe, whose corn crops 
often stood between the French garrison and hunger. On 
the Alabama river were the Alabamas, a fighting, refrac- 
tory tribe, whose warriors were ever on the war path against 
their neighbors, white and red. On the Apalachicola river 
were the Apalaches, or Conchaques; a peaceful tribe sub- 
dued to the Spaniards, but suffering such ravages from the 
inroads of the Indians incited by the English of Carolina 
that they soon moved into the neighborhood of the French 
for protection. To the northwest, between the Tombigbee 
and the Mississippi, was the territory of the Choctaws, the 
largest and most powerful tribe of the region. Cunning, 
brave and well skilled in their savage warfare, they 
formed the great safeguard of the French against the vin- 
dictive and unconquerable Chickasaws. The lands of this 
celebrated tribe lay to the north of the Choctaw, between 
the French and English possessions, and the French found 
them in course of time more redeubtable foes than the Eng- 
lish themselves. 

It was with great satisfaction that during the building of 
the fort Iberville received forerunners from Tonty, announc- 
ing his speedy arrival, with chiefs from both these important 
tribes. A grand reception was at once prepared, and pres- 
ents selected. These were exposed in full view; two hun- 
dred pounds of powder, the same quantity of balls and bird 
shot, twelve guns, a hundred hatchets, fifty knives, a number 



FRENCH DOMINATION. 59 

of cauldrons, and quantities of small articles, such as beads, 
flints, awls, etc. With so tempting an array spread before 
them, the chiefs smoked all the calumets and made all the 
treaties desired by Iberville, and departed from the fort well 
promised to France and laden with booty. 

Mobile. 1702. — Iberville sailed away from his anchorage 
at Massaci'e Island on the last day of March, 1703 ; neither 
his brother nor his colony ever saw him again.* 

QUESTIONS. 

Describe Bienville's expedition. What of the Indians he met? Did 
he go to the Caddodaquious? What of life at Fort Maurepas? When 
did Sauvoledie? What followed? What news came from Pensacola? 
Who accompanied Iberville? Describe the removal from Biloxi. 
What was the new fort named and where situated? Give an account 
of the Indians of the Alabama country. 



CHAPTER X. 

MOBILE. 1702=1711. 

Mobile. 1702-1711. — Bienville was left in command. 
The charge committed to him by Iberville was no light one. 
He was not only to maintain himself in his present position, 
but with his handful of men to hold Iberville's great grasp of 
country, with the mouth of the Mississippi, firm to the crown 
of France. The Spaniards to the east and the English to 
the north were to be kept in check, and all the warring, rest- 
less savage tribes under him to be fastened together in tract- 
able submission to his authority and armed into an efficient 
force to oppose against the colonies of France's rivals. 

*The gallant Canadian died of yellow fever at Havana, in 1706, four years later. 
His last effort at arms, like his first, was against the Knglish. He was preparing, 
with a large armament, to attack the British islands in the Antilles and their settle- 
ments on the Carolina coast. Landing at Havana for reinforcements of Spaniards 
and filibusters, he was attacked by tlie prevailing epidemic, and died. Iberville 
had adv.anced large sums to the government forL.ouisiana,soleft little to his widow 
and children. His widow afterward married a French nobleman, the count dc 
Bethune. 



60 



HISTORY OF LOUISIANA. 



Let US give a glance at the life and character of the twenty- 
two-year-old governor. 

Jean Baptiste Le Moyne Sieur de Bienville was the 

ninth son of his father and the sixth brother of Iberville. Left 

an orphan when a child, he 
lived with his eldest brother, 
the Baron de Longueuil, in 
the chateau de Longueuil, 
near Montreal. At fourteen 
he followed Iberville to sea, 
and before he was eighteen 
had taken part in all the 
thrilling dangers of the 
struggles in Hudson Bay. 
Quiet, gentle and reserved, 
he yet possessed an indom- 
itable will and inflexible 
courage ; well proven in the 
course of this history. Even 
at an early age he knew how 
to gain a powerful influence 
over his friends and men under his command. The Canad- 
ians were ever devoted to him, and formed an unfaltering 
clan behind him, ready for any service of offence or defence. 
The Indians respected and revered him and called him father. 
He knew the Indians, indeed, as few white men ever knew 
them, and in his dealings with them acted with a judgment 
which they never questioned. He boasted that he never broke 
his word to them, always conformed to their manners and 
customs, and talked to each tribe in its own dialect. In Can- 
ada, he spoke with ease the language of the natives, and on 
his arrival in Louisiana he acquired the dialect of every tribe 
with which he came in contact, a capital of infinite advantage 
to him in his after career. 




BIENVILLE. 



FRENCH DOMINATION. 61 

Fort Louis de la Mobile. 1702. — With all its de- 
pendences, the fort was soon completed. Standing eminent 
on the bank of the river it was an imposing edifice for the 
times in that wild country. It measured three hundred and 
sixty feet square, and held at each corner a battery of six 
guns. Inside were a chapel, the guard house, officers' lodg- 
ings and a parade ground. The barracks for the soldiers 
and Canadians were outside, some fifty paces to the left, on 
the bank of the river. Later, also, on the left of the fort, a 
residence for the priest was erected. 

The Indians from all the neighboring country flocked to 
sate their wonder at the marvelous structure, always leaving 
loaded down with presents and well impressed with the power 
and wealth of the French. The .Spaniards from Pensacola 
came also as often as the Indians ; and Bienville claimed that 
these neighbors were even more costly to him than the In- 
dians. Pensacola seemed always in a state of famine, the 
supply ships from Vera Cruz being ever delayed or lost at sea, 
and hardly a week passed that a boat was not sent to Mobile 
to borrow provisions. As Bienville complained, the Spaniards 
would many a time have been forced by starvation to aban- 
don their settlement, if he had not kept them up from his 
scant stores, not daring to refuse on account of the new alli- 
ance and kinship between the French and Spanish monarchs. 

War with England. — The war* declared by England 
against France and Spain, on account of this very kinship, 
made itself felt before he was firmly established in his fort. 
Indian war parties, equipped by the English, in Carolina, 
over and over again ravaged the corn fields and burned the 
villages of the Indians of Florida, and attacked the Indians 
in the French territory, while an English fleet, hovering in 
the gulf, kept the seaboard from St. Augustine to Mobile in 
a constant state of alarm. 

* War of the Spanish Succession, 1700, over the succession of the grandson of 
Louis XIV to the throne of Spain. England, Germany, Holland, Portugal and 
Prussia opposed this aggrandizement of the royal house of France, 



62 HISTORY OF LOUISIANA. 

Bienville .flew to the rescue of his Indian allies, distribut- 
ing arms and ammunition to their warriors, and equipping 
them into equality with the English Indians. The flying 
bands of Apalaches were received and settled along Mobile 
river.* The Spaniards at Pensacola, instead of assisting him 
in these crises, only increased his burdens. As ill provided 
with munitions of war as with provisions, they knew no bet- 
ter means of defence, when threatened, than to shut them- 
selves in their strongholds and send appeals to Bienville, and 
he was forced to respond with men, arms and boats. 

Indian Troubles. — And along the Mississippi, wherever 
English traders could insinuate themselves in the Indian 
tribes, the savages would break into revolt, and the toma- 
hawk would be raised to spread destruction and carnage up 
and down the river. The humble, pious missionaries and 
their attendants were always the first victims. And almost 
as often Spanish barks, long pointed pirogues, from the 
river countries would come flying across the gulf bearing 
news of assassination and murder, and fetching a load of 
wounded praying for protection and medical help. 

So, one day came good father Davion,t fleeing from the 
Tunicas, telling the story of the murder of the aged priest 
Foucault and his attendants, by their CoroasJ guides, as they 
were peacefully descending the river to visit Mobile ; and so, 
later. Father Gravier§ arrived, his arm pierced with five 
arrow-heads, shot by the Indians of his mission on the Illinois. 

*Here, under the spiritual charge of M. Huve, they built themselves a church, 
and became so edifying a religious example that the colonists' used to jaunt out on 
Sundays and feast-days to see them perform their devotions and hear them sing the 
Latin hymns, 

t Father Davion had originally settled at Natchez, but making no converts, he 
went to the Tunicas, and erected a cross on the highest bluff, where he said mass 
every morning. The bluff was called Roche a Davion until 1764, when it became 
known as Loftus Heights, and afterwards and ever since as Fort Adams.— Clai- 
boriie's Mississippi. 

X Nicholas Foucault had a mission among the Arkansas, where he had accom 
plished much good, when, in 1702, he set out for Mobile with three attendants and 
two Coroas guides. The guides killed them for the plunder of their luggage. 

§ Father Gravier, a Jesuit, had succeeded to the mission at Kaskaskia, among 
the Illnois, continued by Allouez after the death of Marquette. He was appointed 
Vicar General bv the Bishop of Quebec. An accomplished as well as a devoted 
priest, he has left valuable descriptions of the Indians and early settlements by the 
French. He was always an earnest friend of Bienville, 



FRENCH DOMINATION. 63 

War with the Alabamas. 1702. — Bienville intrusted the 
punishment of the Coroas to the Arkansas, who gladly un- 
dertook it, while he prepared to inflict upon the Alabamas 
what they merited for an act of treachery which had incensed 
the whole colony. 

vSome of their chiefs came to the fort with such plausible 
stories of the plenteousness of corn in their village that Bien- 
ville sent five men home with them to purchase. After some 
weeks, one of them came back alone to tell of the treachery 
of the savages. The party had traveled to within two days' 
journey of the Alabama village. Here the chiefs begged 
the white men to remain while they went on to notify their 
people, so that a reception could be prepared. That night, 
while the white men slept, the Indians returned and toma- 
hawked four of them. One escaped by leaping into the river 
and swimming for his life. A hatchet thrown after him in- 
flicted an ugly wound on his arm ; this he dressed with pine 
gum, gathered from the trees, chewed, and applied as he 
fled through the forest. 

Bienville, raising a levy amongst his Indian allies, mus' 
tered, with his Canadians, a force of nearly two hundred men, 
of which Tonty and St. Denis shared with him the command. 

The plan was to ascend the Mobile river and the Alabama 
to some convenient point, to land, and marching rapidly across 
the country, fall a surprise upon the foe. The Mobilians 
were to act as guides and baggage carriers. But it was soon 
seen that they were in secret sympathy with the Alabamas 
They conducted the little army so cunningly that at the end 
of eighteen days it was spent with marching and very little 
if any nearer the enemy than when it set out. Then, upon 
some trivial pretext, all the Mobilians, Choctaws and To- 
homes deserted in a body. 

The French commanders were thus forced, without strik- 
ing a blow, to return to the fort, which they reached (by 
marching in a straight line) in four days. But m a few days 



64 HISTORV OF LOUISIANA. 

they quietly led forth another expedition, composed of white 
men only. They made the entire journey by water. As 
they neared the spot where their companions had been assas- 
sinated, scouts were sent to spy out the camp. It was found 
a short distance above on a bluff upon the bank of the river. 
Bienville was for attacking it at once ; but his companions 
prevailed in favor of a surprise at night. They waited in 
their hiding places through the rest of 'the day until dark- 
ness fell and the camp fires dimmed to a dull smouldering 
glow, when the savages, as they judged, would be in a heavy 
sleep. Then the command was given and the stealthy ad- 
vance began. With all their precautions a dry twig crackled 
under some foot. The war cry rose in the air. The old men, 
women and children broke from the camp and ran into the 
forest. The warriors retreated slowly after them, firing their 
guns at the invaders. All escaped with the exception of four ; 
two killed and two wounded. The French also had two men 
killed, and had, for the rest of their vengeance, to content 
themselves with destroying the Alabamas' camp, breaking 
up their pirogues and throwing their hunting booty into the 
river. 

On his return to Mobile, Bienville put the scalps of the 
Alabamas in the market, offering a gun and five pounds of 
powder and ball apiece for them. 

The war sputtered along like a slow fire for nine years. 
The Mobilians a few years afterwards were detached from 
the Alabamas by Bienville's generosity in restoring to them 
some captive Alabama women and children taken prisoners, 
whom the Mobilians claimed as kinspeople. Their gratitude 
to Bienville for the restoration maintained them in unswerv- 
ing loyalty to the French ever afterwards. 

The 1st of February, 1705, tidings came to Mobile that 
the Chickasaws had seized and sold as slaves to the English 
several Choctaw families Vv'ho had come to visit them in good 
faith, and that the act of treachery had caused a rupture be- 



FRENCH DOMINATION 65 

tween the two nations. As there were in Fort St. Louis at 
that time more than seventy Chickasaws of both sexes, they 
were very much troubled about returning to their villages, 
which they could not do without passing through the territory 
of the irate Choctaws. At their solicitation, Bienville sent 
twenty-five Canadians under De Boisbriant to escort them. 
When the whole party arrived at the Choctaw village about 
the end of the month, the Choctaw chief assured De Boisbriant 
tliat he would not oppose the return of the Chickasaws, but 
that it was only just to reproach them with their perfidy in 
the presence of the French. Therefore, the Chickasaws were 
invited to assemble in the opeii space in the centre of the 
village, and the Choctaw chief, with his calumet in his hand, 
began his harangue to them. He reproached them with their 
injustices and want of good faith ; told them if the French 
took any interest in them, it was because of ignorance of 
their real character. The Chickasaws listened with more 
uneasiness than contrition. Around, a circle of Choctaws 
had gradually closed them in. When the orator had reached 
his-point that they were too vile to live, and therefore it was 
proper they should die, he reversed the calumet in his hand. 
There was no hope of escape from the sentence, which was 
executed at the instant. Only the women and children were 
spared. Several Choctaws were killed in the 7nelee^ and De 
Boisbriant accidentally received a ball in trying to get out of 
the way. He was placed upon a litter and carried to the fort 
by a numerous escort of Choctaws. 

It was a blow which staggered the Chickasaws. They 
sent deputation after deputation to Bienville, praying his 
good offices in favor of peace After a year's hostilities and 
losses had somewhat mitigated the resentment of the Choc- 
taws, Bienville was able to bring them to terms and persuade 
them to smoke the pipe of peace with their adversaries. The re- 
conciliation proved a mere truce, however, and Bienville's hope 
o^ uniting the two powerful tribes for the French died away. 



66 HISTORY OF LOUISIANA. 

Ill the summer of 1703-1704 ships came from France, 
fetching everything that a growing colony could need ; emi- 
grants, money, soldiers, missionaries, provisions, a commis- 
sary, clothing, live stock, and most important of all, under 
charge of tvv^o Gray Sisters, twenty-three young girls, to be 
married to worthy young men. 

The emigrants received their allotments of lands along the 
river; "the cattle wei'e set at large, the goods and provisions 
stored in the magazines, and the outstanding accounts of sol- 
diers, and their employes, paid. 

All seemed to bid fair for the happiness and prosperity of 
Mobile. But the last ship, touching at Havana for live 
stock, brought yellow fever into the colony. The plague 
raged pitilessly ; priests, sailors, soldiers, and the new emi- 
grants sickened__ and died of it. The place was almost de- 
populated ; and, most grievous and serious of all to Bien- 
ville and to the colony, was the loss of the brave, loyal, efficient 
Henri de Tonty. 

Dissensions. 1706. — Almost as fatal as the epidemic 
were the discords that broke out among the officers of the 
colony. The priest De la Vente,* and the royal commissary, 
De la Salle, f were bai^ely installed in their positions, when 
they began to chafe and fret under the authority of the young 
commander. Their criticism of him and their opposition to 
him produced a bitter and active animosity, which inflamed the 
whole garrison into partisanship. Accusations and recrim- 
inations passed from side to side. Letters were written to 
France by De la Salle and De la Vente, charging Bien- 
ville with illicit trade with the Spaniards and unlawful use of 
the royal stores and provisions. Bienville retaliated with 

♦Louisiana belonged to the diocese of Quebec. On the 20th of July, 1703, Saint 
Vallier, Bishop of Quebec, formally erected Mobile into a parish, uniting it to the 
Seminary of Foreign Missions in Paris and Quebec, which agrreed to supply it with 
clergv. Rev. Henry Roulle:uix de la Venie was appointed parish priest, Rev. 
Alexander Huve, curate. — Colonial Church in America, Shea. 

fDe La Salle, son of a naval officer at Toulon, was n t related lo the gre^t 
1 xplorer. 



FKENdH DOMINATION. 67 

general charges o£ incompetence, untruthfulness and mischief- 
making. 

As the years passed without a vessel coming from France, 
Chateauguay, "the sea courier," of Mobile, and his trans- 
port were kept busy plying between Mobile, Cuba, St. Do- 
mingo and Vera Cruz, bringing provisions and carrying the 
mail for both the French and Spanish establishments. Fensa- 
cola caught fire and burned to the ground, and the vice ad- 
miral's ship sank to the bottom at her moorings, which re- 
duced the Spaniards to greater misery and dependence on 
Bienville than ever before, and as they were once more threat- 
ened by the English Indians, Bienville himself had to lead a 
company to their relief. 

Government's Dissatisfaction with Bienville. 1708. — 
The repeated letters from the priest and commissary reiter- 
ating their charges against Bienville made at last an im- 
pression on the government. Jerome de Maurepas was now 
Compte de Pontchartrain and Minister of marine, having 
succeeded to his father's position and title. The confidence 
which he felt in Iberville extended to Bienville only so long 
as Iberville lived. After the death of his brother, the young 
governor found out that he was to be judged without favor, 
and that from Pontchartrain all that he could expect was 
strict justice. 

Bienville Dismissed. 1708. — After three years of wait- 
ing, a ship with the sorely needed supplies arrived from 
France. By it Bienville also received a letter dismissing 
him from office, informing him of the charges against him. 
A new governor, M. de Muys, was sent out, and a new com- 
missary general, M. Diron D'Artaguette. De Muys died at 
Havana, on his way to the colony. 

De Muys was not only to supersede Bienville ; he was, 
with D'Artaguette, also to institute a strict inquiry into his 
conduct, and if the charges against him were found true they 
were to arrest him and send him prisoner to France, on a 



68 HISTORY OF LOUISIANA. 

lettre de cachet.* The captain of the ship was given an 
order to take charge of Bienville, conduct him to France, 
and deliver him up to the commander of the first port at 
which he landed. 

Bienville demanded that some one be put immediately in 
his place, that he might return to France and answer the 
charges against him. D'Artaguette, however, concealing 
the harsh orders given him and DeMuys, insisted that he should 
remain at his post until the king appointed another governor. 
He made an examination into Bienville's administration, and 
wrote a report to the Minister of Marine, not only exonerat- 
ing him from charges against him, but praising him highly 
for the ability with which he had met and overcome his diifi- 
culties. Far from Bienville and his brothers making money 
out of the colony, they were all jooor, not having for several 
years received a cent of their salary. 

Three years again passed after the last vessel and no re- 
lief came from France. The colony made brave efforts 
to be independent of the mother country. A brisk little 
trade in peltry, bears' grease and other forest produce sprang 
up between it and Florida and the West Indies and Central 
America. Massacre Island throve and prospered with the 
sure persistency of a port town. Inhabitants drifted to it 
from the fort, from the country, and dropped upon it from 
vessels. Houses were built, stores opened, trees set out and 
gardens planted, until, as Bienville said, it was a pleasure 
to see it. And the property accumulated was considered so 
valuable that the loss inflicted by a raid from an enterprising 
British privateer was estimated at ^£^50,000. 

Up the river, affairs were not so flourishing ; provisions 
and clothing became exhausted, and what was worse the 
supply of gunpowder threatened to give out — a timely loan 
from St. Domingo alone preventing this calamity. With the 



* Lettre de cachet," a warrant for the arrest of a person under the old r«g^im« 
(government) of France. 



FRENCH DOMINATION. 9$ 

able-bodied men always under arms, and with no oxen to 
assist in tilling the ground, dependence had to be placed on 
the Indians lor bread food. Successive overflows destroyed 
the corn crops of these, and the garrison was often reduced 
to acorns for nourishment. In 1711 the fort itself stood under 
water, and spies brought word that the English Indians were 
purposing to profit by the high water and make an attack by 
the way of the river on the French settlement. They had 
already made an attack on the Tohomes and Mobile villages, 
but had been driven back. 

Removal of the Fort. — In this extremity a council of 
officers decided, for better protection, to concentrate forces 
and means and bring the two posts closer together by re- 
moving the fort colony nearer to Massacre Island. A new 
fort was built nearer the mouth of the river and the garrison 
removed to it, the colonists following and settling around ; but 
very much discouraged at the loss and trouble of the change. 

During the summer months, in order to spare his store of 
provisions, Bienville allowed his unmarried men of good 
character to live among the neighboring Indian tribes. It 
was a privilege they eagerly sought, and one which made 
rare returns of frolic and pleasure, particularly when the 
visit was to the gentle Natchez or to the Colapissas living 
on the shores of Lake Fontchartrain. The days were filled 
with long fishing and hunting excursions with all their whole- 
some and exciting adventures, the nights with I'ollity and fun 
with the young folks around the camp fires, under the green 
leaves. Once a violinist was taken along, and the pretty In- 
dian girls were taught to dance the stately gavotte and cotil- 
lon, and to sing the sprightly French songs, the woods peal- 
ing with merriment. It was not always easy for the Frenchmen 
to return at Bienville's summons, and the Indians were as 
sorry as they over the parting.* The good fellowship which 

* A young ship carpente», named Pennicaut, one of Bienville's followers who ob- 
tained this privilege summer after summer, has written a bios': charming; description 
of his adventures among the Indians. 



70 HISTORY OF LOUISIANA. 

resulted from this friendly commingling of his men with the 
natives, and his stern punishment of any offence of his men 
against hospitality, were the chief reasons of Bienville's good 
reputation among the Indians and of his safety among them. 
For almost at any time, had they wished it, they could have 
combined and swept him and his colony out of existence. 

QUESTIONS. 

Give an account of Bienville's charge. Bienville's life and character. 
Fort St. Louis de la Mobile. Spaniards at Pensacola. Indian troubles. 
Epidemic. Dissensions. Charges against Bienville. Why was Bien- 
ville dismissed.'' By whom succeeded.? What instructions were given 
De Muys and d'Artaguette.'' What of the investigation into Bien- 
ville's conduct? 

■ ♦ » 

CHAPTER XI. 

LOUISIANA CHARTERED. 

Crozat's Charter. 1712. — The reason why Pontchartrain 
did not send relief to the colony was that the financial condi- 
tion of France was extremely depressed. The many wars and 
extravagant expenditures of the court during the long reign 
of Louis XIV* had brought the country almost to bank- 
ruptcy. All the executive branches of the government suf- 
fered for want of money. Public expenses were lowered in 
every way, and France's great glory and pride, her colonial 
establishments, were cut down with a mere pittance. As for 
Louisiana and the mouth of the Mississippi, Pontchartrain 
saw that he must abandon them, unless he could find some 
one who would assist him in the responsibility of providing 
for their needs. 

After two years' negotiation the Sieur Antoine de Crozat, 
a capitalist and favorite of the court, was induced to become 

* Louis XIV, calledthe "Grand Monarque," gave his name to the 17th century in 
France. He reigned seventy-two years; died in 1715, and was succeeded by his 
gruiit-fjrandson, Louis XV. Tlie Duke of Orleans, nephew of Louis XVI, was re- 
gent during the minority of Louis XV. 



FRENCH DOMINATION. 71 

the chartered owner of the colony for fifteen years, for what 
profit he could draw out of the monopoly of its trade. 

Lamothe Cadillac. 1710. — Lamothe Cadillac was named 
governor. One of the most prominent French pioneers in 
America for twenty years ; indefatigable, shrewd and clever, 
he would have been an excellent governor but for his obstinate 
adherence to his own opinions and opposition to the opinions 
of others. 

Bienville again petitioned to be allowed to return to 
France, or to his old position in the navy. But his wisdom 
in managing the Indians made his presence a necessity in 
the colony. Pontchartrain ordered him to remain, and as- 
signed him to the command of the Mississippi, with head- 
quarters at Natchez, where a fort was to be built (called 
Rosalie, after the Countess of Pontchartrain). 

Bienville, who. with his brothers, Canadian friends and 
kinsmen, had been supreme for so long a time in the colony, 
did not welcome in a kindly spirit the new governor put over 
them. Cadillac, on his side, was resentful, arbitraiy and 
domineering to the Canadians. 

It was not long before the settlement was in a state of 
petty warfare, worse even than in the time of De la Salle 
and De la Vente. Cadillac stood at the head of one cabal, 
Bienville at the head of the other, and the aggressive enmity 
of both fell short only of personal conflict. 

Crozat, to make sure of Cadillac's zeal, gave him an interest 
in his trading profit. But the efforts to develop a lucrative 
trade in the colony were a dismal failure. St. Denis was sent 
to Mexico with packs of goods ; ships were loaded for the 
Central American ports ; trading posts and magazines were 
established at Natchez, and at all the principal stations along 
the river.* To force the colonists to buy of him, no vessels 

* Under St. Denis a trading- post was established on Red river, on the site of the 
present town of Natchitoches. St. Denis explored Red river much further and ad- 
vanced on a tour of exploration as far as Rio Bravo del N»rte, to observe the 
movements of the Spaniards, to see whether they had advanced over that river into 
Louisiana. He found that they had formed a settlement on the western side of the 



72 HISTORY OF LOUISIANA. 

or goods but those of Crozat were allowed to enter the prov- 
ince. Prices were put up to suit Crozat's desires. And as 
much as possible, all the expenses of the colony were paid 
in merchandise at these exorbitant prices. The inhabitants 
were forbidden to sell anything out of the province, and pro- 
hibited even from owning a sea-going vessel. The peltry of 
the Canadian trappers was bought at the lowest of prices, 
which, as there was no competition, were fixed by Crozat's 
commissioners ; and he obliged them to receive pay in his 
merchandise also at his own valuation. 

Under the circumstances it is not surprising that huge 
stores of goods rotted m the various warehouses before find- 
ing a purchaser. As for the commerce with Mexico and the 
Spanish posts, upon which Crozat's greatest expectation had 
been based, it was destroyed by recent prohibitive measures 
of Spain against French trade.* 

In the Crozat chnrter the king had agreed to provide for 
the garrison as usual. But neither pay nor uniforms arrived 
for the soldiers, who, naked and destitute, and not able to 
buy except from Crozat's stores, began to desert to the Eng- 
lish in Canada. To the sum of discord and distress and de- 
sertion vvere added Indian troubles. 

First War of the Natchez. 1716. — In January, 1716, 
news came to Mobile that the Natchezf were raising the 
hatchet against the French. They had pillaged Crozat's 

Bravo and erected a fort called Presidio of St. John the Baptist; no settlement had 
been made by them east of that river, but they claimed jurisdiction lo tliat river 
under the name of province of "Texas," signifying friends, because the Indians 
were friendly. 

About tlie same time a small settlement and trading post was established on the 
Yazou, on Sicily Island and high up on the Ouachita (Monroe). Charleville, one 
of (Jrozat's traders, penetrated into the Schawanese tribes, then known as the Chou- 
anoes, as far as the Cumberland river. His store was situated on a mound near tlie 
present site of Nashville. The same year also French posts and missions were es- 
tablished upon the upper tributaries ot the Sabine, also a little settlement was made 
thirty miles west of the present Nacogdoches. 

♦According to a clause in the treaty of Utrecht (which ended the War of the Sue 
cession), Spain closed her Americaii ports to French goods, and gave trading 
privilege* to England. 

t The reason of the outbrealt seemed to be the neglect of Cadillac, who, In a voy- 
a'.e up and down the river, refused or slighted the offercl c.iliimct of the Natchez. 
Tlie Natchez suspiciously concluded that war was intended and struck the first 
blow. 



FRENCH DOMINATION. 73 

storehouse, killed his commissioners, and were putting to 
death all Frenchmen caught traveling up and down the river. 
Nothing could be more disastrous to the colony. There was 
no nation so important to it as the Natchez, none with whom 
it was so necessary to keep on good terms. But since they 
were in revolt it was equally necessary to subdue them 
promptly and in an impressive manner. 

The difference between Crozat and Bienville had deterred 
the latter hitherto from taking up his position at the projected 
fort. Now he hastened in every possible manner to get to 
it at once. But he could obtain from Cadillac only a 
force of forty-nine men. With these he started, and by April 
arrived at the village of the Tunicas, about fifty miles below 
the Natchez. 

As he had not force enough to war, he saw himself obliged 
to gain his point by subtlety. He learned that the Natchez 
had assassinated another Frenchman coming down the river 
from the Illinois, and were lying in wait at the same place 
for fifteen more who were expected. He was warned, also, 
by the French missionary against the Tunicas, who had re- 
ceived presents to kill him. Concealing his anxiety at this 
last information, and his knowledge of the state of affairs 
among the Natchez, he assembled the Tunica warriors and 
gave out to them that his mission was to make a trading es- 
tablishment among the Natchez, but as his men were much 
fatigued with the voyage, he was going to camp on an island 
a third of a league below, to rest for some time, and that 
they would do hnn a favor by sending some of their tribe to 
announce his arrival to the Natchez. 

This was done at once. He proceeded to the island, where 
he immediately erected an intrenchment and the necessary 
shelters for his men. A few days later three Natchez ar- 
rived, sent by their chief to present the calumet to Bienville. 
He waved it aside, saying that they could get some of his 
soldiers to smoke it, but that for himself, being a great chief 



74 HISTORY OF LOUISIANA. 

of the French, he would only smoke a calumet presented by 
a Sun chief. The next day the three warriors returned. 
Bienville sent with them a young Frenchman, who spoke 
their language perfectly, to whom he explained everything to 
say to the chiefs, and all the answers necessary to induce 
them to come to the island. The same day he sent one of 
his bravest and most adroit Canadians in a pirogue, to slip 
by the Natchez during the night and hasten up the river to 
warn the fifteen men coming down from the Illinois. He 
gave him, to place in different points of the river, a dozen 
great sheets of parchment on which was written in large 
characters: "The Natchez have declared war against the 
French, and M. de Bienville is camped at the Tunicas." 

In about a week there were seen approaching the island 
four pirogues, in each of which were four men erect, chant- 
ing the calumet, and three sitting under parasols, with twelve 
swimmers round about. It was the Natchez Suns coming 
to fall into the trap prepared for them. 

Bienville ordered one-half of his men not to show them- 
selves, but to keep under arms near by. The other half 
were to stand unarmed around his tent, and when the boats 
landed were to take the arms of the savages as they stepped 
ashore ; and he charged them to let only the eight chiefs he 
named enter his tent ; the rest were to remain seated at the 
door. The eight chiefs entered, holding their calumet, 
which they presented to Bienville. He pushed it aside with 
contempt and asked them what satisfaction they were going to 
give him for the five Frenchmen that they had assassinated. 
They hung their heads without answering, at which Bien- 
ville made a sign to have them seized and conducted to 
the prison he had prepared for them. They were put in 
irons. In the evening bread and meat were presented to 
them. They refused to eat. All sang their death song. 
The next morning he petsuaded them to send one of their 
number to the village for the heads of the assassins, ^'iv? 



FRENCH DOMINATION. 75 

days later the little Suri returned, fetching three heads. 
Only two were identified as belonging to the guilty parties. 
Bienville threw the rejected head at the teet of the Suns 
and reproached them for sacrificing an innocent man. The 
chiefs confessed that the head was that of a warrior who 
had taken no part in the killing of the Frenchmen, but that 
being the brother of one of the murderers who had escaped, he 
had been put to death in his place. Bienville kept his Natchez 
visitors prisoners a month while awaiting the capture of the 
third criminal. The great Sun fell ill. His ii'ons were re- 
moved, and he was taken into Bienville's tent, and treated 
with great kindness. 

The river began to rise and the water stood over the island ; 
the tents had to be raised on scaffoldings. As many of his 
men fell ill, Bienville concluded to make terms without wait- 
ing further. The Natchez agreed to put the escaped assassin 
to d«jiith when they found him, and consented to Bienville's 
executing two of the warriors captured in the Sun's party, as 
it had been proved that they had a hand in the killing. They 
pledged themselves also to furnish timber and assist in build- 
ing the fort for the French at their landing, and henceforth 
to observe a loyal peace with them. They were released and 
restored to their villages. 

Fort Rosalie. 1716. — In the course of the month a solid, 
handsome fort was constructed according to agreement. 
Bienville put his lieutenant, De Pailloux, in command and 
returned to Mobile. 

Cadillac Recalled. .1716. — On his arrival in Mobile, 
Bienville found that Cadillac had been recalled, and that he 
himself had been put in command until the arrival of the new 
governor, De I'Epinay. 

De I'Epinay. 1717. — De I'Epinay was an old lieutenant 
of marine who had seen considerable service in Canada. 
Crozat not only gave to him, as to Cadillac, an interest in the 
profit of his charter, but agreed to pay him two thousand 



76 HISTORY OF LOUISIANA. 

livres a year additional, if, as the governor, he would strictly 
and severely execute the ordinance pi'otecting his monopoly 
of trade. 

De I'Epinay was accompanied by a new commissary, Hu- 
bert. On the vessel that brought them came also a band of 
emigrants and three companies of soldiers. Bienville was 
maintained in his same position, and received as recognition 
of his past services the Cross of St. Louis. But his disap- 
pointment at not succeeding Cadillac was great. He thought 
that his services entitled him to the first place in the colony, 
and he resented the belittling of himself and his Canadian 
fellow pioneers in favor of strangers to Louisiana. 

The secret dissatisfaction soon broke out into open contest. 
Hubert, the new commissary, sided with De I'Epinay, and 
the usual accusations were banded from one side to the other. 
De I'Epinay was charged with tyrannical conduct, scandal- 
ous morals, withholding the presents sent to the Indians for 
himself, and illicit trading. Bienville was accused of being 
a paid pensioner of the Spanish government. It was a libel 
which he never forgot nor forgave. 

Crozat Gives up His Charter. 1717. — Crozat, finding out 
at last there was no trade to be had with Spanish ports, and 
not enough in the colony in spite of all his protection to pay 
him for his expenditures, prayed the king to be relieved of 
his charter. His prayer was granted; and Louisiana and 
Canada, by another charter, were made over for twenty-five 
years to a company called the Company of the West and of 
the Indies. The president of the company was the famous 
John Law.* 

*John Law, a Scotchman, was one of the most celebrated financiers who ever 
lived. A friend and protege of the regent, Duke of Orleans, he was allowed to ap- 
ply his theories to the amelioration of the national debt ot France. He opened a 
bank called the Bank of France, which operated most successfully in re-cslablish- 
ing credit and reducing the interest on the debt. By degrees Law, extending his 
schemes, took into it the entire colonial interests of France in one comprehensive 
company, the stock of which, under his manipulations, rose to a fabulous height; 
to fall again to the lowest depths. The Company of the Mississippi, as it came to be 
called, met at first with a most glittering success, and its failure involved the bank- 
ruptcy of Law and the greatest ruin in l^rance. In Louisiana it was, on the whole, 



FRENCH DOMINATION. 77 

QUESTIONS. 

Give an account of the Crozat charter. Disputes between Bienville 
and Cadillac. Cadillac's efforts to secure trade. St. Denis' explora- 
tions (see note). First war of the Natchez. Terms of peace. Build- 
ing of Fort Rosalie. Who succeeded Cadillac.'' Who wasDe 1' Epinay? 
Who was John Law? 



CHAPTER XII. 
THE COnPANY OF THE WEST. 

The Company of the West by its charter acquired for 
twenty-five years the exclusive monopoly of the trade of 
Louisiana, with the absolute ownership of any mines that 
might be discovered in the country, the title to any lands 
they improved, and the right of granting concessions to its 
stockholders, upon condition of settlement and improvement. 
They were given all the forts, magazines, guns, ammunition, 
vessels, provisions, etc., in the colony, with all the merchan- 
dise surrendered by Crozat. They were empowered to raise 
troops, fit out ships of war, cast cannon, make war or peace 
with the Indians, and nominate governors and officers (to be 
commissioned, however, by the king). On its side, the com- 
pany obligated itself to build churches, provide clergymen, 
and to bring into the colony during the term of its charter six 
thousand whites and three thousand blacks. The first direc- 
tors of the company, six in number, were to be named by 
the king; afterwards they were to be elected every three 
years by the stockholders.* 

The Superior Council. 1719. — During the Crozat char- 
ter, 1712, a council, called the Superior Council, was ap- 

most beneficial in developing the colony. The title by which it is now known, the 
Mississippi Bubble, records the verdict passed upon it by posterity. Law tell like 
his stock, from vast wealth to utter worthlessness. He ended his days a poverty- 
/ilricken, homeless adventurer. 

*The first directors of the company named by the regent were: Law, director 
general of the Bank of France; Diron d' Artaguette (former royal commissary), 
receiver general of the finances of Auch ; Duche, receiver general of the finances of 
La Rochelle; Moreau, deputy of commerce of St. Malo; Piou, deputy of coion- 
merce of Nantes ; Castaigne and Mouchard, merchants of La Rochelle. 



78 HISTORY OF LOUISIANA. 

pointed for three years, to administer justice in civil and 
criminal cases. It was composed of five mejnbers — the gov- 
ernor, the royal commissary, the commander of the royal 
troops, who elected the other two members, and an attorney 
general, clerk, etc. 

The term of this first board having expired, a new one* 
was appointed, composed of the directors of the company 
presided over by the governor, with the director general of 
the company as senior councillor. But, although he had the 
seat of honor at the board, the governor had no more power 
than his one vote entitled him to, and he was in reality subor- 
dinate to the senior councillor, who performed the functions 
of president of the tribunal, counting the votes, pronouncing 
judgments, affixing seals, etc. 

Inferior Councils. — Hitherto this council was the sole tri- 
Ivjnal of the colony, but the increase and the spread of the 
population demanded that tribunals should be stationed in 
several parts of the province. The directors of the company 
and the agents, with two to four of the most notable of the 
inhabitants of any neighborhood, were, therefore, constituted 
into such inferior tribunals. Their judgments were appeal- 
able to the Superior Council. 

Bienville Governor. 1718. — The new company applied 
all the stimulus of capital and determination to the develop- 
ment of their enterprise. 

They recalled De I'Epinay, and gave the government to 
Bienville (with the title of Commandant General for the 
King), as to the one man qualified by experience and ability 
to carry out their expectations. The appointment was backed 
by three ships loaded with abundant supplies of money, 
provisions, merchandise and a full corp of directors, under 

*The first Superior Council under tlie Company jof the West was composed o£ 
Bienv. He, commandant general; Hubert, senior councillor; Boisbriant and Cha- 
tcauguay. king's lieutenants ; l'Archambault,Villardo and Legas, puisne councillors ; 
earlier de Baume was the attorney general, and Cuture the clerk. 



FRENCH DOMINATION. 



79 



a director general,* and more than seven hundred emi- 
grants. 

A large and capable corps of engineers was sent out under 
the Chevalier Leblond de la Tour, a knight of St. Louis, to 
superintend the construction of the necessary public v^^orks. 

Bienville entered upon his duties with an energy which 
showed that he considered the expectations of the company 
of easy fulfilment with the means at his disposal. 

To make sure of his western boundaries against the Span- 
iards, he sent Chateauguay to take possession and build a 
fort at La Salle's old site on the coast of Texas. De la 
Harpe, with fifty emigrants, was sent to establish a post on 
Red river among the Caddodaquious. The newly arrived 
engineers were ordered to examine and report upon the depth 
of water at the mouih of the Mississippi, with a view to se- 
curing a good channel into it. 




NEW ORLEANS, I718. 

New Orleans. 1718. — He himself, with a party of work- 
men, set out to accomplish a design which had lain near his 
heart ever since the days of his command at Fort Maurepas. 
This was to found a city on the banks of the Mississippi ; 



* Among the first arrivals, in August, i7i8,was the first historian of Louisiana, 
T.e Page du Pratz. He came with a force of ten men, and selected a tract of land 
near the new city. Du Pratz relates the anchoring of his ship in the open road be- 
iore Dauphin Island ; the chanting of the Te Deum for the sale voyage, the landing 
of the passengers and their effects, etc. On the island he was lodged and fed by a 
friend, an old ship captain who treated him to the most wonderful good cheer, the 
fish particularly eliciting glowing praise. 



80 HISTORY OF LOUISIANA. 

for he was convinced that a city thus situated would one day 
be one of the trading centres of the continent. He had 
chosen the spot years before, and had even settled some Can- 
adians there to prove its fertility and height above overflow. 
It was a ridge of high land near the bank of the Mississippi, 
about one hundred and fifty miles from its mouth ; commu- 
nicating with Lake Pontchartrain in the rear by a small 
bayou (afterwards named Bayou St. John). He named the 
place after the Duke of Orleans, regent of France, the patron 
of John Law and the Company of the West. 

Colonization. 1718. — Over in France the Mississippi 
Company continued parceling out its capital of land in large 
concessions to its shareholders, who sent over emigrants by 
the ship load to take possession. The Yazou* district, 
Natchez, Natchitoches, Pointe Coupee, Baton Rouge, Man- 
chac, Houma, Tchoupitoulas (just above the site of the new 
city), Cannes Brulees, Bay of St. Louis, Pascagoula, all 
were made over to noble or millionaire families. Law him- 
self secured a tract of four miles square on the Arkansas, to 
which he shipped Protestant Swiss and German emigrants. 

The small establishments of Mobile and Dauphin Island 
staggered under the sudden increase of population put upon 
them. According to the terms of the Mississippi Company, 
free lodging, food and transportation were guaranteed to the 
colonists. As the concessions were scattered all over the lower 
Mississippi valley, boats and carts had to be made to convey 
the emigrants. The overworked carpenters did what they 
could, but delays were unavoidable, and while the emigrants 
were waiting for the means of transportation they were 

* A company headed by Leblanc, secretary of state, the Cotnte de Bienville, and 
the Marquis de Assleck, took possession of the Yazous. Concessions at Natchez 
were made to the Commissioner Hubert, and to a company of St. Malo merchants, 
Natchitoches was conceded to Bernard de la Harpe, the compiler of "Journal 
Historique;" Tunicas to St. Reine ; Pointe Coupee to De Meuse; the present site 
of Baton Kouge to Diron d'Artaguette ; the bank of the Mississippi opposite 
Manchac to Paris Duvernay; the Tchoupitoulas lands to DeMuys ; that of the 
Oumas to Marquis d'Artajinac ; the bank opposite to De Guiche, De laHoussaie and 
De la Houpe ; Bay St. Louis to Madame de Mezieres ; and Pascagoula to Madame 
do Chaumont. 



FRENCH DOMINATION. 81 

forced to eat the provisions sent to feed them in their new 
homes, and spend the money they had brought to furnish 
them. No lodgings being provided, they were forced to 
sleep under any shelter they could find. In the summer 
months this produced great distress and sickness, particularly 
among the women and children. 

Capture of Pensacola. 1719. — But the colony was to 
receive an interruption, and an interruption of the pleas- 
antest kind to the Canadian governor and his soldiers. 

In April, 1719, the two De Serignys,* Bienville's brother 
and nephew, sailed into the harbor of Dauphin Island, bring- 
ing the news of war between France and Spain. This was 
the opportunity for which the French had been waiting for 
twenty years, to capture Pensacola. Bienville summoned a 
council of war, and it was deoided to attack the Spaniards 
at once, before they heard the news and had time to put 
themselves in a state of defence. 

As soon as his cargoes were discharged De Serigny sailed 
there with his ships, the Marechal de Vi/^ars and theP/ii/ippe, 
followed by the Count de Toulouse^ which happened to be in 
port. They carried one hundred and fifty soldiers. Bien- 
ville sailed in a sloop with eighty men. With a fair wind 
they made a good run to Isle Ste. Rosa, the outpost of the 
Spaniards. Anchoring as close to land as possible, the troops 
disembarked unperceived, and soon mastered the small gar- 
rison stationed there. Putting their prisoners in irons and 
dressmg in their uniforms they easily deceived and cap- 
tured the detail, who came out next morning to relieve 
guard. Embarking then in the Spanish boat, they crossed 
the bay, entered the fort, surprised the sentinels on duty, and 
captured the whole place — soldiers, magazine, storehouse and 
the commandant, who was still in bed. Chateauguay was 

* De Serigny, the brother, ■was charged with the commission to examine and 
sound the coast of Louisiana. His maps form the beginning of the scientific car- 
tography of the Mississippi Delta. 



82 HISTORY OF I.OUISIANA. 

put in command, and the Spanish garrison shipped for Ha- 
vana on the Comtc dc Toulouse. The governor ot Havana 
received the French officers in charge most ceremoniously, 
thanking them for the politeness of their visit; but no sooner 
were the prisoners in his hands than he seized them with 
their ship, placed the soldiers in irons and put the entire crew, 
officers and all, in prison. He then equipped the French 
vessel with a Spanish crew and Spanish soldiers, and sent 
it with his squadron to retake Fensacola. The Spanish ves- 
sels drew up behind the Isle Ste. Rosa. The French vessel, 
flying the French colors, boldly entered the channel. 
Scarcely was anchor dropped, however, when the French flag 
was lowered, the Spanish run up, and three cannon shots 
fired. At the signal the rest of the squadron made its appear- 
ance, twelve sail in all. The next day eighteen liundred men 
were landed and began the assault, which soon reduced the 
fott. Chateaugiiny was sent to rejoin his compatriots in 
Havana. The Spanish commander then sailed over to Mo- 
bile and summoned Serigny, who was in command, to sur- 
render. Serigny, surrounded by his soldiers, Canadians, and 
savages in all their war paint, received the messenger and 
told him that the Spaniards could come when they pleased, 
they would find the French ready to receive them. And in 
truth the French made so gallant a show that the Spaniards 
did not venture to land, nor even come within gunshot of 
the French batteries. One of their vessels, entering the bay, 
captured some fiat-boats of provisions and ravaged the plan- 
tations along the shore. Fortunately, that night Bienville was 
sending a reinforcement of Indians to his brother. These 
fell upon the marauders. Very few escaped. 

The sight of a squadron ot French war ships in the gulf 
hastened the departure of the Spanish fleet. With this strong 
reinforcement, Bienville and Serigny shortly afterwards 
sailed again to Pensacola, and capturing it a second time, 
destroyed its fortifications. 



FRENCH DOMINATION. 83 

After this sprightly episode, the colony returned to its 
former routine of life. 

Inflation. 1719. — Emigrants continued to arrive by the 
hundred, two hundred, four hundred at a time. Ignorant of 
all life except that of the small peasant of France, dazed 
from the long voyage, w^eak from sea-sickness, a more help- 
less mass of people never landed in a new country. And no 
emigrants ever landed in a more unfavorable spot than Dau- 
phin Island. Put ashore with their scanty effects, they were 
forced to wait weeks for the means of transportation to their 
concessions ; without shelter, with insufficient food, unable 
to find work or gain anything by cultivating the arid soil, 
tortured and blinded by the dazzling white sand, under the 
rays of a tropical sun, exposed to the infection of the ships 
from the West Indian Islands, always waiting and hoping 
and being disappointed, it is easy to believe that most of 
the unfortunate creatures died of their misery on the spot. 
The directors of the company, more and more helpless 
before the increasing difficulties of the situation, and more 
and more unable to meet the demands upon them, were 
panic stricken at the crisis which they saw impending. They 
could think of no remedy but a change of base. 

Bienville exerted himself in vain in favor of New Orleans. 
The emigrants, he maintained, could be landed there and 
easily distributed to their concessions, or find self-support in 
cultivating the rich alluvial soil. He was outvoted at the 
council, which decided in favor of the old capital, Biloxi. 

Biloxi. 1720. — The move was effected with all haste, and 
at great expense to the company and colony; and in a short 
time Fort Louis de la Mobile was only a garrison post, 
and Dauphin Island a way station for incoming and outgoing 
ships. But, as Bienville had maintained, there was no change 
from the removal except to still greater financial loss and hu- 
man misery. The emigrants continued to increase m numbers 
and their quality decreased. Formerly small bodies of con- 



84 HISTORY OF LOUISIANA. 

victs were sent to Louisiana to work out their sentences there in 
clearing and developing the land. Now the company, to keep 
up by flattering numbers its enterprise in the eyes of the share- 
holders, began to send as emigrants any material they could 
get, even by force or fraud. Prisons, reformatories, asylums 
and hospitals were raided, and the inmates shipped to the 
Mississippi. Kidnappers in the streets of Paris and other 
large cities of France drove a thriving trade by furnishing 
emigrants at so much a head. And to add to the dark pic- 
ture, slave ships brought their wretched, reeking African 
cargoes, and dumped them, like so much ballast, on the 
sands of Biloxi. The result can be imagined. Crime and 
outrage could not be prevented. The famine became so 
great that more than five hundred died of hunger. Fish and 
oysters were all the food that the starving creatures could 
find, and to get them they had to wade out in water up to 
their waists. Their dead bodies were found in heaps around 
piles of oyster shells. 

New Biloxi. — A drunken, sleeping sergeant, by letting his 
lighted pipe fall in his tent, started a fire which consumed 
Biloxi to the ground. A council of all the colonial ofiicera 
was held, and another transfer of headquarters was decided 
upon. Bienville again made an effort in favor of New Or- 
leans, and was again outvoted, on the pretext that there 
was not enough water at the mouth of the Mississippi to per- 
mit the entrance of loaded vessels. The point of land opjoo- 
site Deer Island, called thenceforth New Biloxi, was chosen 
for the seat of government, and orders for its establishment 
carried into effect at once. A fort and extensive buildings 
were put up on the mainland, and a hospital on the island. 

Bienville met the positive denial that loaded vessels could 
enter the mouth of the Mississippi by the proposition to 
send the " Dromadaire," a vessel of the company, through 
it as a test. One of the directors opposed this violently on 
the strength of a certificate from the captain of the " Drom- 



FRENCH DOMINATION. 85 

adaire," that his vessel could not get through the mouth of 
the river. Bienville then declared that he would send the 
vessel through on his own responsibility ; the director warned 
him that if he did so he would be held liable for damages. 
Bienville, shortly afterwards, did in fact carry the " Drom- 
adaire " triumphantly through the passes. 

Pauger, De la Tour's assistant, was dispatched to the passes 
to make maps of them and a report to send to France, to 
prove Bienville's theory, that the Mississippi was navigable 
for large vessels and that New Orleans must be the capital 
of the province. Pauger* went also with a force of convicts 
to lay out New Orleans as a regular city. He accomplished 
the task satisfactorily; clearing the neglected space, aligning 
streets, assigning allotments, and making a plan of the whole, 
containing the names of the owners of the allotments. 

The Mississippi Bubble. 1721. — Just at the time the 
news of Law's tailure and fliglit, and the collapse of the Mis- 
sissippi scheme, reached the colony. All enterprise and hope 
were for a moment paralyzed, and a financial panic seemed 
inevitable. But ships, emigrants, soldiers and merchandise 
continued to arrive as before, and it soon became evident 
that whatever the amount of bankruptcy caused in France 
to the stockholders and investors in the Mississippi scheme, 
Louisiana was not going to be given up as a bad debt. 

In France the board of directors to whom had been con- 
fided the liquidation of the company made known their de- 
termination not to abandon the enterprise by sending out new 
directors and two officials, Messrs. Daunoy and De la Chaise, 
to examine into the late accounts. 

The statements published by the Company of the West 
proved that during the term of its charter it had transported 
to Louisiana 7020 persons, among these 600 negroes. The 



* Pauger's map of New Orleans is the earliest we have. 



86 HISTORV OF LOUISIANA. 

expenditures had been enormous ; those of the last year alone 
having risen to 474,274 livres. (The value of the livre was 
the same as that of ihe franc ^ about twenty cents.) 

QUESTIONS. 

Give an account of the Company of the West? The judicial ad- 
ministration of the colony? What of New Orleans? Give an account 
of the capture of Pensacola and following circumstances? What of 
the inflation of 1719? The sufferings of emigrants? Move to Biloxi? 
Scenes there? New Biloxi? How did Bienville exert himself in favor 
of New Orleans? What of the passage of the " Dromadaire " through 
the mouth of the Mississippi? What was the effect of the breaking 
of the Mississippi Bubble in Louisiana? How many persons had the 
Company of the West brought into Louisiana? 



CHAPTER XIII. 

NEW ORLEANS. 

New Orleans, Capital of the Colony. 1722. — Bienville's 
repeated letters on the subject, with Pauger's map and re- 
ports at last convinced the Louisiana administrators in 
France, and the long desired authorization was received to 
remove the capital of the colony to New Orleans. 

Centralization. — From this moment Louisiana ceased to 
be a mere colonial experiment, and began to be self sustain- 
ing. The work of transferring the capital was begun with- 
out delay and was prosecuted with vigor. In June, 1 722, 
De la Tour and Pauger led the way, by sailing in a loaded 
vessel through the mouth of the river. A? soon as word was 
brought back that they had passed the bar, other boats fol- 
, lowed with men, building materials, ainmunition and pro- 
visions. 

Under De la Tour's supervision, the city took form aiic 
shape. A church and houses were built, levees thrown UD 



FRENCH DOMINATION. 87 

ditches made, and a great canal dug in the rear for drainage. 
A cemetery was laid out, and a quay, protected by palisades, 
was constructed. Bienville arrived and took up his residence 
there in August. To Pauger was assigned a post at the 
Balize.* With fifty workmen and a dredge boat, he per- 
formed marvels in an incredibly short time. Besides keeping 
a pass open, he built, out of the drift caught from the river, 
lodgings, storehouses, boats, a smithy, and a chapel with a 
belfry that could serve for a light-house, while his gardens 
furnished the gladdest of welcomes both to the eye and heart 
of the weary incoming sea traveler. 

Beginnings of New Orleans. — New Orleans, however, 
had no more fortunate beginnings than Mobile or Biloxi. In 
the midst of the building and transportation the September 
storm came on, with a hitherto unexperienced violence. For 
five days the furious hurricane, raging from east to west, 
swept land and sea. The ripened crops of rice, corn, and 
and buildings of the jDlanters blown down. In New Orleans 
the church and most of the new edifices were den>olished, 
and three vessels wrecked in the river. At Biloxi, the maga- 
zine with all the stores, and a ship with its cargo of ammuni- 
tion and food were ruined ; almost all of the boats, sloops and 
pirogues were lost, and two ships rendered totally unfit for 
service. For a week the greatest apprehensions were felt on 
accd'unt of the three ships anchored at Ship Island and for, a 
ship on its way to the mouth of the river loaded with pine 
timber for a storehouse, which had cost the company over a 
hundred thousand livres. All of them arrived in course of 
time at New Orleans, passing with facility over the bar. 
Another crop of rice which sprouted from the seeds scattered 
by the storm — a proof of the fertility of the land — came as 
a greaf consolation to the colonists ; but the destruction of 

*Balize means buoy. It was on a pass at the mouth of the Missis- 
sippi. 



88 HISTORY OF LOUISIANA. 

Other food which could not be replaced brought upon them 
the affliction of a famine. 

To complete the sum of disasters fevers broke out with 
great mortality, and the indomitable Bienville himself fell 
ill, and for a time his life was despaired of. But the city 
grew despite it all, and became, as it was destined to become, 
the centre of the colony, attracting inhabitants from all quar- 
ters. 

After the bankruptcy of Law, his concessions upon the 
Arkansas became entirely neglected. Most of his colonists, 
seeing themselves abandoned by him, moved down to New 
Orleans, in hopes of finding a passage back to their native 
country. The council, not willing to lose them, gave them 
land on both banks of the river, about twenty miles above the 
city. It is still called from them the " Cote des Allemands " 
(divided between the parishes St. Charles and St. John the 
Baptist). The industrious Germans took to garden culture 
and soon supplied the markets of New Orleans with vegeta- 
bles. Every Saturday their little fleet was seen descending 
the river, loaded with their fresh green products. 

Restoration of Pensacola to the Spaniards. — The ter- 
mination of the war with Spain, and a double marriage 
alliance between the two crowns, made the retention of Pen- 
sacola by France an impossibility. It was formally surren- 
dered by Bienville in the beginning of the year 1733. 

Second Natchez War. 1723. — The discontented Natchez 
tribes had gradually recovered from the crushing punishment 
inflicted vipon them, and again influenced by either the 
English or by the Chickasaws, allies of the English, had 
commenced their depredations and ambushed assaults upon 
the French — attempts which had grown in boldness until fears 
were entertained for the safety of the post. After the usual rou- 
tine of conciliatory measures — summoning the chiefs to him, 
haranguing them, giving presents to them, Bienville saw him- 
self forced into an attitude more intelligible to the savage mind. 



FRENXH DOMINATION. 89 

in October he landed at Natchez with a small army of seven 
hundred men — regulars, volunteers and Indians. To give the 
villagers no time to rally or fortify, he began his march against 
them the morning after his arrival. "Stung Serpent," a noted 
Natchez chief, still loyal to the French, hurried to Fort 
Rosalie, where the commandant slept, and confessed that the 
people of the White Apple, Jenzenaque and Gray Village 
were in a stateof insurrection, and obtained from Bienville 
the promise that vengeance should strike only the three guilty 
villages. It was on All Saints' Day that the Army, with all 
precautions for a surprise, filed through the narrow paths 
of the forest surrounding the doomed White Apple village. 
They came to a mud cabin, before which were three squaws 
pounding corn. The women ran in and closed the door after 
them. Two or three warriors inside made a defence, but 
they were expeditiously killed and scalped and the women 
made prisoners. With the exception of some individual ex- 
ploits by Canadian and Indian scouts, this was the only war- 
like achievement of the French in the campaign. The White 
Apple village was found deserted ; it was burned and the 
army returned to St. Catherine's Concession, whence they 
had set out in the morning. 

A few days later, Bienville led his army against the Gray 
village, with the same results. The village and temple were 
burned. From a captured squaw it was learned that the In- 
dians were awaiting the French at the Jenzenaque village, a 
half league away. On this the army wheeled about, and a 
Tunica chief leading the way it marched toward the enemy. 
A strong cabin was discovered on a height, the fifes struck up, 
and the army forming into a square advanced. This cabin, 
like the others, was found empty. The Tunica chief, taking 
a turn around the height, perceived below him one of the 
enemy's chiefs ; a Little Sun, who saw him also at the same 
time. Both took aim, and fired simultaneously. The Tu- 
nica chief stretched his enemy dead on the spot, but fell him- 



90 HISTORY OF LOUISIANA. 

self, dangerously wounded at the instant. The army then 
again returned to St. Catherine. Bienville summoned Stung 
Serpent to him and Ihey agreed upon a peace ; but the 
Natchez, not the French, were felt to have been victorious in 
the skirmish. 

Bienville Recalled. 1724. — There had been no more 
harmony between Bienville and the Directors-General, Hu- 
bert and Duvergier, than between him and the Governors, 
Cadillac and De I'Epinay. And, as in the former cases, dis- 
cords took the shape of charges and accusations. The sus- 
picion caused by the old stories of De la Salle and De la Vente 
had never wholly died out, and every dissatisfied official re- 
turning to France revived them by his versions of new tyran- 
nies and misappropriations of royal funds. 

Hubert and Duvergier took to France their accusations in 
written documents with notarial signatures and attestation. 
These produced prompt effect in official headquarters. A 
letter from the king directed Bienville to sail to France im- 
mediately and answer for himself. 

Black Code. 1724. — To provide the growing number of 
negro slaves imported into the colony with the security and 
the protection of the law, Bienville published his celebrated 
Code for the Blacks, or "Code Noir," taken from the regu- 
lations compiled by the jurists of Louis XIV for the island 
of St. Domingo. It was the last public ordinance to which 
he affixed * his name before returning to France. After his 
departure the Superior Council investigated the charges made 
by Hubert and Duvergier. They reported that they found 
them to be only the calumny of the malicious. The notary 
who had signed them had his commission revoked and was 
himself condemned as a libeler. 

*AIso signed by De la Chaise, Fazende, Brusle, Perry, members of the Superior 
Council. De la Chaise had succeeded to Duvergier as Commissary General of the 
colony. The following is the list of captains commanding in Louisiana, with the 
date of their commissions: 1714, Marigny de Mandeville ; 1717, De la Tour, D'Ar- 
taguette ; 1719, Du Tisne, Lamarque ; 1720, Leblanc, Desliettes, Marchand de Cour- 
celles, Renault d'Hauterive and Pradel. 



FRENCH DOMINATION. 91 

The year following, rumors were rife in the colony that 
the IndiaviS were rejoicing over the recall of Bienville, and 
that his reappearance in the colony would be the signal for 
hostilities from them. De Noyan, Bienville's nephew, made 
a request to the Superior Council that the Natchez, Houmas, 
Tunicas and other tribes might give voice to their sentiments 
and refute so grievous a calumny against his uncle. The 
Superior Council consenting, these nations made their dec- 
larations that they all regretted Bienville. 

Bienville was, nevertheless, dismissed, and in his ruin in- 
volved his family and friends. Chateauguay was deprived of 
his rank, as were the two De Noyans, who were sent to France. 

Boisbriant was recalled to give an account of his conduct. 
Pauger, Perry, Perrault, as members of the council, were 
censured ; the two latter were sent to France. Fazende, also 
dismissed, was allowed to remain in the colony. In short, 
for the first time since its colonization, Louisiana was to own 
. in its government neither member nor friend of the family 
of its founders 

On his arrival in France, Bienville presented to the minis- 
ter, as a justification of his conduct, a memoir* of the serv.- 
ices that had filled his life since the day when, a mere strip- 
ling, he had followed his brother Iberville in quest of the 

*The following is an extract from his memoir: 

" It w.is not without trouble th u I bucame absolute master of so many nations 
" with such barbarous tempers and different characters. One can imagine how 
" many difHcuIties I encountered and what risks I ran to found the colony and. 
" maintain it to the present time. Necessity, it is said, renders one industrious; 
" experienced that it also renders one intrepid in danger, and makes one perforn\, 
" so to speak, the impossible in the different conjunctures one has to meet in an un- 
'• known world with so small a force. I firststrove to qualify myself to govern with- 
" out the aid of an interpreter. I applied myself to learn the language which ap- 
" peared to me to be the dominant one among the savages, the knowledge of which 
" would help me in learning the others. I was fortunate enough from the first to 
" gain the confidence and friendship of the savages. I studied their customs in 
"order to retain them in peace, one vyith the otner; so that for the tweniy-sevea 
" years during which I had the honor of commanding in the province I was the ar- 
" biter of their differences. I always governed these nations — born in indepen- 
" dence, so to speak — despotically, pushing my authority even to the deposing of 
*' their chiefs. 

" The Sieur de Bienville dares say that the establishment of the colony is due 
" to the constancy with which he has attached himself to it for twenty-seven years 
" without being out of it since he made the discovery of it with his brother iber. 
" ville." 



92 HISTORY OF LOUISIANA. 

ville in quest of the country for the government of which he 
was now, a middle-aged man, called to account. 

QUESTIONS. 

Give an account of the removal of capital to New Orleans. What 
of the beginning of the city? What of the Germans belonging to 
Law's concession.!* When was Pensacola restored to the Spanish? 
Give an account of the Natchez war. The recall of Bienville. The 
Black Code. What of the investigation into his conduct by the 
Superior Council? What of Bienville in France? 



CHAPTER XIV. 

NATCHEZ MASSACRE. 

Perier Governor. 1725. — Bienville's successor, Perier, 
arrived and took up his abode in the capital, where, for a 
time, all went well in the march of improvement. 

Ursuline Sisters. — A great event in the community was 
tlie arrival of six Ursuline Sisters to found a convent for the 
education of the young girls of the colony, and to serve in 
the hospital. While their convent was being built, they took 
up their residence in Bienville's* old hotel. 

The Jesuits, who came over at the same time as the 
Ursulines, were given a tract of land immediately above the 
the city, in what was long known as the faubourg St. Mary. 
They had a house and chapel built, and laid out their ground 
in a plantation for Myrtle waxf trees. 

♦Situated in the space now bounded by Chartres, Decatur, Bienville and Cus- 
tomhouse streets. One of the nuns thus describes it in a letter to her father: "The 
" finest house in the town. It is a two-story building- with an attic . . . with six 
*' doors in the first story. In all the stories there are large windows, but with no 
" glass. The frames are closed with very thin linen, admitting of as much light as 
" glass." 

t Wax was an important and valuable article of trade at a time when candles 
were the principal means of illumination. 



FRENCH DOMINATION. 93 

City in 1725. — The government house had been built on 
the land next to the Jesuits. In the centre of the city stood 
the Cathedral; facing it was the Place d'Artnes, on each 
side of which were the barracks. A house for the sessions 
of the Superior Council and a jail were built on the square 
immediately above the Cathedral. A levee ran in front of 
the city, and a wide ditch for drainage on Bourbon street. 
In addition to the large ditches around the squares, each lot 
was at first surrounded with a small ditch, but these in course 
of time were filled. On the plantations the culture of indigo 
had been added to that of tobacco and rice ; the fig tree was 
introduced from Provence, and the orange from St. Do- 
mingo. 

To provide wives for the bachelors, numbers of young girls 
were again brought into the colony. They were poor, but 
of good character and honest family. Each of them was 
supplied with a small box, called in French "cassette," con- 
taining clothing, which gave the girls the name of fillcs a la 
cassette. They remained in charge of the nuns until mar- 
ried. 

Natchez Massacre. 1727. — After Bienville's last treaty 
with them the Natchez seemed determined to remain on good 
terms with the French, but the systematic tyranny and injus- 
tice of Chepart, the officer in command of Fort Rosalie, in- 
furiated the tribes to such a degree that they inflicted a blow 
which made the colony reel, and appalled the home govern- 
ment. The crowning outrage of Chepart was most wanton. 
Looking for a suitable tract of land for a plantation, he cast 
his eyes upon the charmingly situated White Apple village, 
and determined to possess it. He sent for the Sun of the 
village and ordered him and his tribe to vacate it. The Sun 
replied that the ancestors of his tribe had possessed the vil- 
lage as many years as there were hairs in his war lock, and 
it was only right that he and his descendants should still live 
in it. But the French commander, refusing to listen to reason 



94 HISTORY OF LOUISIANA. 

or remonstrance, fixed the day for evacuation. The Sun 
assembled the council of his village and made a speech, in 
which he exposed the rapacity and tyranny of the French and 
urged the tribe to make a stand against it. 

Village by village was aroused, and the different Suns 
adopted the determination to strike one bloody blow,- and 
free themselves forever from the burdensome yoke upon them. 
Emissaries were sent to the adjoining tribes. Packages con- 
taining an equal number of sticks were prepared and sent to 
every village, with directions to take out a stick every day 
after the new moon. The attack was to be made on the day 
on which the last stick was taken out. 

Great care was taken to keep the design from the women. 
One of the female Suns, however, had her suspicion aroused, 
and extracted the secret from her son. The bundle of sticks 
for her village had been deposited in the temple, the keeper 
of which was to take out a stick daily and burn it in the 
sacred fire. The princess, by reason of her rank, had access 
to the temple at all times. She found an opportunity to take 
one or two sticks from the bundle and threw them into the 
fire ; this destroyed the count and prevented unanimity of 
action. It is said that she even gave notice of the massacre 
to one of the officers of the garrison ; but her warning was 
unheeded. 

The fatal day arrived. By daylight the Natchez, in small 
groups, strolled into Fort Rosalie and the establishment ad- 
joining until they outnumbered the whites. Pretending that 
they were going on a hunt, they borrowed guns and offered 
to buy powder and shot. At 9 o'clock the signal was given. 
Each Indian fell on his man. By noon two hundred were 
killed, and ninety-two women and fifty-five children and all 
the negroes were made prisoners. Chepart was among the 
first slain. During the massacre the great Sun, with appar- 
ent unconcern, smoked his pipe in the government ware- • 
house. His men brought in to hira the heads of the officers, 



FRENCH DOMINATION. 95 

placing that of Chepart in the centre and the others around. 
When the Sun was informed that not a white man was lef( 
alive, except a carpenter and tailor specially reserved from 
the massacre, he gave the command to pillage. Every build- 
ing was sacked and the spoils divided. Two soldiers- who 
were accidentally in the woods, escaped and earned the 
news to Perier, in New Orleans. 

The colony trembled from limit to limit. New Orleans 
was given over to panic. Every settlement of Indians, how- 
ever small, became an object of dread. There was an insig- 
nificant and peaceful group of Chouachas livmg above the 
city. Perier sent a band of negroes from the neighboring 
plantation and had them ruthlessly destroyed — men. women 
and children. 

Ships were sent to France for troops. Couriers were des- 
patched to the Illinois, Red river and Mobile countries, 
warning the white men there. * Emissaries were also sent 
among the Yazous to hold them true to France. 

The Choctaws were the first in the field. Seven hundred 
of them, under the Canadian Le Sueur, fell upon the Natchez 
while they were still in the midst of their feasting and re- 
joicing, killed sixty of their warriors, and rescued fifty-nine 
women and children, and one hundred slaves who had been 
taken prisoners. It was February before the troops from 
New Orleans, fourteen hundred men, under Loubois, ar- 
rived. The Natchez, in the meantime, had fortified them- 
selves in the White Apple village in two strong houses, Fort 
Flour and (as the French well named it) Fort Valor. Their 
defence was splendid. The French opened seige with all 
science of continental warfare — sappers, miners, cannon ; 
but from the first they were hopelessly overmatched in every 
soldierly qualification by their savage foes. 

The honors of the campaign rested with the Choctaws. 
They at least had the merit of terminating it. Waiting in 
vain for the French to make a promised breach in one of the 



96 HISTORY OF LOUISIANA. 

forts, and seeing one day thirty Frenchmen running from the 
trench before a sortie of the Natchez, the Choctaws opened 
a parley with Fort Flour. Alabamma Mingo, one of their 
most famous chiefs, made a speech to the obstinate foes, m 
which he convinced them that although the French could not 
fight them the Choctaws were sufficient in numbers and pos- 
sessed patience enough to blockade them and force them in- 
to surrender through starvation. The Natchez agreed to de- 
liver to the Choctaws the remainder of the women, chil- 
dren and negro prisoners, if the French would evacuate their 
position and with their guns retire to the banks of the river. 
This was carried out. Two nights after the Natchez 
secretly made their escape from their forts, eluding all pur- 
suit of the French. With their allies, the Yazous, some of 
them sought refuge with the Chickasaws. The others, cross- 
ing the Mississippi, made their way westward through forest 
and swamp to an imposing mound, in the present parish of 
Catahoula, just above the juncture of Little river with the 
Ouachita. Here they remained until tidings reached them 
that a great army of white men and Indians led by Perier was 
close upon them. They then withdrew to a far stronger mil- 
itary position, to a thirty-foot bluff on the eastern end of a 
plateau, known now as Sicily Island, situated at the south- 
west extremity of a small lake (Lake Lovelace), where they 
intrenched themselves. It took Perier nine months with 
twenty different scouting parties to locate them. 

Last Stand of the Natchez. 1731. — In the middle of the 
summer the remforcements from France arrived — eight hun- 
dred French soldiers and Swiss mercenaries. This, with 
what he could raise from among the colonists and his Indian 
allies, enabled Perier to garrison all his settlements and lead 
a thousand inen against his enemies. 

In the beginning of the year 1731 he ascended the Mis- 
sissippi to the mouth of the Red river, where all of his 
forces were to assemble. Proceeding through Red river to 



FRENCH DOMINATION. 97 

Black river and up the Ouachita, he reached the lair, in 
which the Natchez stood like beasts at bay. As before, 
the Natchez held their own gallantly, until they brought 
about a parley. Perier refused to treat with any but chiefs. 
Two Suns and the great warrior who had defended Fort 
Flour presented themselves. They were treacherously made 
prisoners. Perier then demanded the surrender of all French 
prisoners; this was acceded to. During the night the war- 
rior from Fort Flour made his escape ; the two Suns, not so 
fortunate, were discovered and held. Perier then offered to 
' spare the lives of all the Natchez men, women and children, 
who delivered themselves up to him. The next day four 
hundred women and children and forty-five men left the 
Natchez fortifications and ranged themselves inside those of 
the French ; but they came in such small groups that the 
whole day was consumed in the surrender. Seventy still 
remained in their fort, asking a delay until the morrow. It 
was raining in torrents. Between the water under foot and 
the water overhead, Perier, not being able to take them, was 
forced to consent. At 9 o'clock at night the weather cleared, 
and the French could approach the Natchez forts. They 
were found deserted ! Again the great fighting bulk of the 
nation, under the leadership of the redoubtable warrior of 
Fort Flour, had given the slip to their captors. The strong- 
holt! was destroyed and two prisoners taken were scalped and 
burned. Perier returned to New Orleans with his trophies 
of women and children, the two Suns and forty men, all of 
whom he sold into slavery in St. Domingo. 

Escaped Natchez. — The number of Natchez Indians 
who escaped dunng the siege and capitulation was three 
hundred. They spread themselves over the Red river coun- 
try, savagely attacking St. Denis in the Natchitoches fort* 
Beaten back, they took possession of a deserted Natchitoches 
village, from which they were driven out by St. Denis, after an 
obstinate fight. They then sought refuge with the Chicka- 



98 HISTORY OF LOUISIANA. 

saws, who from the first had offered their villages and strong- 
holds to them. 

QUESTIONS. 

Give an account of the citj in 1725. What product had been added 
to agriculture.' Give an account of the Natchez massacre. The effect 
on the colony. Describe the expedition against them. What of the 
treaty.' Describe the last stand of the Natchez. What became of 
those who were taken prisoners? Those who escaped.' 



CHAPTER XV. 
LOUISIANA A ROYAL PROVINCE. 1731. 

With the peace, prosperity and life of the colony threatened 
by an Indian war, the administrators in France could not 
hope to carry on its development with any profit. They 
therefore surrendered their charter to the king, and Louisiana 
once more came back into the wardship of the royal govern- 
ment. The colonists themselves, shaken by past events, lost 
confidence in the men over them. The commandants of the 
different posts who had served under Bienville's long admin- 
istration, wrote to the Minister of the Marine representing 
his merits over those of any other man who had ever gov- 
erned in the colony. Pontchartrain himself must have felt 
the force of their arguments even if he was not convinced by 
his own experience with Bienville. Perier was recalled, 
and the Canadian, relieved of his disgrace, reinstated. 

Bienville Governor. 1733. — Stopping at St. Domingo 
on his way to Louisiana, Bienville had an interview with his 
old friends, the unfortunate Natchez who had been sold into 
slavery. They assured him that they had been driven into 
revolt only by the hard treatment they had received from the 
French officers at Fort Rosalie, and that they bitterly re- 
gretted the sad ternaination of their long alliance with the 



FRENCH DOMINATION. 99 

French. The governor was much impressed with their 
changed fate and the wretchedness of their demeanor. 

Arrived in New Orleans, Bienville took up his residence 
in his former hotel and addressed himself to his old routine 
of governing. 

War With the Chickasaws. 1736. — The first and most 
important claim upon his attention was naturally the Natchez 
question. He could arrive at no accurate estimate of the 
number of them still at large. But, through his Indian allies, 
he knew that there were three bands of them ; one on the 
Ouachita, one on the Yazoo and one with the Chickasaws. 

French security demanded that these last should be pro- 
ceeded against in an exemplary manner. In case the Chick- 
asaws could not be forced or bribed to give them up, they 
must be included in the war also. The Choctaws were his 
main reliance. Strong and powerful, their rivalry of the 
Chickasaws had kept them in a state of well disciplined war- 
fare. But Bienville found that during Perier's unskilful ad- 
ministration a division had crept into the Choctaw nation ; 
that English traders and emissaries, with liberal display of 
promises and presents, had won over a considerable party 
among them in favor of the English. While he prepared iiis 
armament against the Chickasaws he addressed himself to 
healing this division. He sent his Canadians among them 
again. At their instigation many of the Choctaw villages 
rose and killed the English staying there, and afterward they 
were mcited into keeping up a succession of war parties in 
the field against the Chickasaws, which, burning their corn- 
fields and waylaying their hunting parties, harassed them 
greatly. The same tactics were employed to induce the In- 
dians along the Mississippi to strike down from the north 
against the Chickasaws, who, between two fires, kept close in 
their territory, appealing for help to the English. 

Bienville's plan of campaign was one in which he thought 
he had secured every possible means for success. It was to 



100 HISTORY OF LOUISIANA. 

penetrate by the Tomhigbee river into the Chickasaw coun- 
try, where he was to be joined by d'Artaguette (a young 
brother of Diron), commandant at the Illinois, with a force 
of three hundred good men. Orders were sent to d'Arta- 
guette fixing the place of meeting on the Tombigbee, four 
days' journey from the Chickasaw villages; the time, be- 
tween the loth and 15th of March. 

Bienville, the better to further his preparations, took up 
his position during the summer in Mobile, where, in a grand 
council, he exposed his plans to the Choctaw chiefs, and se- 
cured their willing co-operation in them. But the means of 
transportation, to be furnished by the middle of October, were 
not ready by the middle of January. A courier was des- 
patched to D'Artaguette, putting off his march until the 
middle of April. 

Finally, all was ready and a grand start was made on the ist 
of April. The armament made a fine show on the Mobile, 
^rowing up the river in the early morning sunlight; thirty 
pirogues followed by thirty flat-boats loaded with five hun- 
dred soldiers, without counting the brilliant staff of officers 
and company of forty-five blacks commanded by free negroes. 

It took twenty-three days to get to the place of meeting on 
the Tombigbee. No trace of D'Artaguette was to be seen. 
The Choctaw chiefs arrived, however, and promised to meet 
the French, with all their warriors, in fourteen days, at the 
little creek, Ottibia, that separated the Choctaw and Chicka- 
saw territories. They arrived promptly at the time and 
place shortly after the French. 

After throwing up a fortification to protect their boats and 
provisions, and leaving a small garrison behind them, the 
army set out on the march to the Chickasaw country. It was 
a hard march, through deep ravines filled with water waist 
high, and across thick-grown canebrakes. But after this they 
came to a beautiful country easy of travel. Camp was pitched 
about six miles from the Chickasaw villages. The great chief 



FRENCH DOMINATION. 101 

of the Choctaws asked Bienville which village he intended 
attacking first. Bienville told him the Natchez, as they were 
the authors of the war. The great chief then explained that 
the first village was the nearest Chickasaw village to the 
Choctaws, and did them most harm, and that he would like 
to attack that first, particularly as it was filled with provi- 
sions which the Choctaws needed. Hardly doubting but that 
the Choctaws would return home after taking this first vil- 
lage, their habit being to fly after they had struck a blow, 
Bienville persuaded them to attack the Natchez village first, 
promising to return and take the other one afterwards. The 
Choctaws appeared satisfied, and their guides, leading the 
army as if to conduct it to the point agreed upon, came to a 
small prairie, where were three little villages placed trian- 
gularly on the crest of a ridge, at the foot of which flowed 
a brook almost dry. This little prairie was separated only 
by a small forest from the large prairie where lay most of the 
Chickasaw villages. Bienville defiled his army the length 
of the woods that skirted the prairie, and stopped on a slight 
eminence, where a halt was made for dinner. It was just 
past mid day. 

The Choctaws, who had gained their point by a ruse and 
were before the village they desired, hastened to complete 
the trick by bringing on the action. With war cries and 
yells, they began skirmishing around the village, and drew 
its fires upon the French. The French officers then joined 
their demands to the Choctaws that this village should be 
at once taken. Pressed on all sides, Bienville ordered 
the attack. A company of grenadiers — a detachment from 
the French and Saa^Iss troops — and forty-five volunteers under 
De Noyan, were commanded to lead it. 

From the height where the French were, four or five Eng- 
lishmen could be seen bustling around among the excited 
Chickasaws, and over one village floated the English 
flag. The French battalion moved out of the woods, 



102 HISTORY OF LOUISIANA. 

crossed the brook, and began to ascend the ridge. A mur- 
derous fire poured upon them simultaneously from the 
three villages. One of the negro mantelet bearers in front 
was killed. The rest threw down their mantelets and fled. 
The column of grenadiers, attaining the summit of the ridge 
and the entrance to the village, met the full fire of the hid- 
den batteries * about them. Two or three cabins were taken 
and burned ; but when it came to crossing, under fire, the 
open space between these and the next, the Chevalier De 
Noyan, looking about him, saw only a few officers, a rem- 
nant of grenadiers, and about a dozen volunteers. The other 
soldiers, hopeless at fighting an unseen enemy, were seeking 
shelter from the range of the loopholes behind the captured 
cabins, and refused to be driven out by their sergeants. 
Almost all the officers were killed or disabled. De Noyan 
and four officers fell wounded at the same moment. In vain 
he sent his aide to rally the soldiers ; the killing of the aide 
among them only added to their panic. He finally got a 
message to Bienville that unless assistance were sent, or a 
retreat sounded, not an officer would be left alive. There was 
also a sudden alarm in the camp that a reinforcement from 
the Chickasaws of the great prairie was approaching. Bien- 
ville ordered the retreat, sending a company to protect it and 
fetch off the wounded. The officers, massed together, were 
found still fighting and holding their own. The Choctaws 
were under cover of the hill ; they had lost twenty-two men, 
which discouraged and disgusted them not a little. 

The night was passed in felling trees and making hasty de- 
fences against surprise, but the Chickasaws held themselves 
silent and secure in their strongholds. Bienville dared not 

♦Bienville thus describes the Chickasaw stronghold: "After havini^ surrounded 
" their cabins with several rows of great stockades filled with earth, they hollow out 
" the inside until they can let themselves down into it shoulder deep, and shoot 
"through loopholes almost level with the ground; but they obtain still more ad- 
" vantage from the natural situation of thqjr cabins, which are placed so that their 
" fires cross, than from all the arts of fortifying that the English can suggest. The 
" coverings of the cabins are a thatching of wood and mud, proof against fire-arrovrs 
" and grenades ; nothing but bombs could damage them." 



FRENCH DOMINATION 108 

renew the attack the next iTiorning. Litters were made for 
the wounded, and the humiliated French troops led the way 
back to the Ottibia and embarked. The water was now so 
low that in many places a passage had to be cut for the 
boats. The Tombigbee was slowly reached, and finally the 
Mobile. From the Tohomes Bienville heard the first news 
of the full extent of his disaster. 

The young commandant, d'Artaguette, had set out from 
the Illinois at the date first named, with one hundred and 
forty white men and two hundred and sixty Iroquois, Arkan- 
sas, Miamis and Illinois. Arrived at the place of meeting, 
his scouts could discover no signs or traces of Bienville's 
army. The next day, the courier who had been sent to the 
Illinois appeared with Bienville's letter and change of plan. 
D'Artaguette called his officers and Indian chiefs together in 
a council of war. They advised striking a blow immedi- 
ately. Pushing forward their march they arrived within a 
mile of the great Chickasaw prairie. It was Palm Sunday. 
The army left their baggage under a guard of thirty men 
and confidently took the road to the village. It was the road 
to certain death for all but two of them. Hardly had the at- 
tack on the village begun, when d'Artaguttx- saw a troop of 
from four to five hundred savages issue from behnrd the 
neighboring hill, and bear down upon him with such rapidity 
aud force that the Miamis and Illinois Indians, the greater 
part of his army, took to flight. He turned to gain the road 
to his baggage, to save or at least blow up his powder. 
Fighting desperately, step by step, he, his officers, men, and 
the Iroquois and Arkansas who stood by him, struggled a 
short space. Then the savages overwhelmed them. Nine- 
teen were taken alive, among them D'Artaguette, wounded 
in three places, and Father Senac, a Jesuit priest. 

An Avoyelle woman slave, who escaped from the Chicka- 
saws to the Alabamas some time afterwards, related the fate 
of the prisoners. Two were put aside to exchange for a 



104 HISTORY OF LOUISIANA. 

Chickasaw warrior in the hands of the French. The remain-, 
ing were divided into two lots and burned in two huge fires 
prepared by the Chickasaw women. All died heroically, 
one Frenchman singing his death song to the last like an In- 
dian brave. 

Bienville never recovered from the pain and humiliation 
of this double defeat, and Diron D'Artaguette, maddened 
with grief at the loss of his young brother, changed from a 
trusty friend into a carping enemy of the governor. 

Chickasaw War. — Bienville returned to New Orleans, 
inflexibly determined to retrieve himself by another expedition 
against the Natchez — an expedition which must be not only 
a brilliant success, but a brilliant triumph. 

He wrote to France for artillery and bombs and soldiers, 
and to the governor of Canada for a reinforcement of volun- 
teers. He sent engineers to explore the best routes to the 
Chickasaws by the Mobile and Mississippi rivers, and he 
kept his coureurs de bois diligently employed in maintaining 
the French sentiment among his Indian allies. 

On the reports of the engineers the route by the Mississippi 
and Yazoo rivers was selected. Two years, 173S-1739, were 
consumed in building a fort and depot for provisions, at the 
mouth of the St. Francis river and on the opposite side of 
the Mississippi, at the mouth of the Margot river. The latter, 
x'''ort Assumption, was to be the meeting place for the whole 
army. 

Two hundred horses were sent from New Orleans for trans- 
portation of the provisions, which were to be drawn from the 
abundant fields of the west. Beeves and oxen were ordered 
from the Natchitoches district. In the summer of 1739, the 
assistance demanded from the home government arrived — 
arms, ammunition, provisions, with seven hundred soldiers — 
bombardiers, cannoneers, miners — under the Sieur deNoailles 
D'Aime, who was put in command of all the troops. 



FRENCH DOMINATION. 105 

But the new soldiers, on their arrival, suffered so severely 
from scui-vy and fever that less than half were able to go on 
duty. Shipped from New Orleans as fast as possible, great 
numbers of them died on the way up the I'iver. Bienville 
himself landed at Fort Assumption in November, with his 
colonial troops and Indians. He found the reinforcements 
from Canada and the Illinois waiting. They raised his army 
to the respectable strength of twelve hundred white men and 
two thousand four hundred savages. But it was one thing 
to get an army to the fort on the Margot, and another to get 
it into the Chickasaw country. The continual rains and the 
overflow made the routes laid out by the engineers impass- 
able for the heavy wagons and artillery, while the bottom 
lands could be crossed only by boats or bridges. More than 
one-half of the live stock from Natchitoches perished in the 
woods before reaching the Arkansas. Three months passed 
and the situation did not improve. Without a road to the 
Chickasaws and without the means of transportation, the 
French army on the Mississippi saw itself threatened with a 
more inglorious fate than befell the one on the Tombigbee ; 
and the safety of the Chickasaws was more brilliantly proved 
than ever. A council of war was held to decide how to end 
the campaign in the manner least mortifying to the French. 
The Chickasaws, on their side, were not indifferent to the 
tremendous preparations made against them. From the first 
they had dropped, all around the neighborhood of the French 
camp, calumets and symbols of peace. On these hints, dis- 
dained at first, the French were now glad to act. But some 
warlike demonstration was necessary to satisfy the Indians, 
so five hundred of them, with one hundred Canadians, were 
permitted to go against the Chickasaw villages. With no 
hamperings but their light savage accoutrements, they made 
their way through the forest with ease and celerity. But the 
Chickasaws, thoroughly warned and on their guard, held 
themselves close in their strongholds, from which no demon- 



106 HISTORY OF LOUISIANA. 

strations could entice them, save once or twice when they 
came out for a brief moment to display a white flag. After 
some days of skirmishing, negotiations were opened, and 
the Chickasaw chiefs were induced to go to the French camp 
and ask for peace. They were cautioned, however, that they 
would not get it unless they consented to deliver up their 
Natchez refugees. The cunning savages, prepared for this 
condition, declared that although they had bound and im- 
prisoned their Natchez guests, in order to surrender them to 
the French, unfortunately some of their young men had re- 
leased them and all had escaped to the Cherokees except three. 

Under the circumstances, peace was soon agreed upon. 
The Chickasaws made no further excuse for or explanation of 
the escape of the Natchez ; and again the French were forced 
to submit to having them slip through their fingers. Bien- 
ville destroyed his buildings and returned with his army to 
New Orleans. 

There, oppressed with his sense of failure, and feeling his 
old reputation to be no longer the same in the colony-, he 
wrote to the Minister of Marine, asking to be relieved of his 
office. 

1741. — While awaiting the minister's answer he applied 
himself with his characteristic care and solicitude to the 
needs of the colony. He vainly tried to get from the king 
the establishment of a college in New Orleans for the edu- 
cation of boys ; and also some relief for the suffering caused 
by the depreciation of paper money,* by epidemics, over- 
flows, and short crops. 

* The financial affairs of the colony had been necessarily Carried on largely 
with paper money. During- tlie period of settlement royal warrants on the 
treasury in payment of salaries were used; during the Crozat charter, checks 
upon liim had passed into current use. The card money of Canada, a most fluc- 
tuating medium, had always been in circulation, and finally the Company of the 
West had made an issue of paper for the payment of its debts. All these different 
issues appearing, and being retired, added to the arbitrary fixing of prices in tlie 
colony, and consequent speculation of money lenders, had produced financial cliaos. 
Now, an edict of the royal government, withdrawing at short notice the paper 
of the Mississippi Company from circulation, threatened Utter collapse aod ruia. 



\ FRENCH DOMINATION. 107 

A Charity Hospital. 1739. — An humble sailor, Jean 
Louis, dying in 1739, left his savings to found a hospital 
where the poor could be tended for charity. Bienville ap- 
plied the legacy, as directed ; bought a suitable piece of 
property, provided the beds and proper furniture, with medi- 
cal and nursing attendance, and so inaugurated the first 
charity hospital in the city.* 

The Minister of Marine granted Bienville's resignation and 
named the Marquis de Vaudreuil to succeed him. Pending 
the arrival of his successor Bienville endeavoured to arrange 
the affairs of the Indians, so that his absence from the colony 
would not injure it. He convened the prominent chiefs of 
the Alabama country at Mobile, made them presents, and 
had them sign treaties, which would pave the way for their 
good understanding with his successor. He left Louisiana 
forever on the loth of May 1743. -^^ came into the colony 
a youth, full of hope and courage ; he left it a prematurely 
aged man, worn with care, anxiety and disappointment. He 
had given forty-five years of unremitting toil to the task left 
him by Ibei-ville. 

QUESTIONS. 

How did Louisiana once more become a royal province? Give an 
account of Bienville's interview with the Natchez at St. Domingo. 
What did he find out about the escaped Natchez? Of the division 
among the Choctaws? Of his tactics against the Chickasaws? Give 
an account of his expedition into the Chickasaw country; his defeat 
and the fate of D'Artaguette. How did Bienville prepare for his next 
expedition? Give an account of it. What did his sense of failure 
force him to do? What ot his solicitation for the colony? Of the 
first charity hospital in New Orleans? Who was Bienville's suc- 
cessor? 'When did Bienville leave the colony forever? 

♦This hospital was on Rampart street near Toulouse. In 1779 it was destroyed 
by a hurricane, but (17S6) Don Andres de Alnionester, out ot his own fortune, 
erected anothei hospital on the same site. In 1S09 this was burned, and in 1S15 a 
third hospital was built on the square on which Tulane Theatre now st:inds. 
Wlien this square was purchased by the State as a site for the new University of 
Louisiana (1S31) the present nohle institution, the Charity Hospital on Tulane 
avenue, was built from the proceeds of the sale and the contributions of philan* 
thropic citizens. 



108 mSTORV OF LOUISIANA. 



CHAPTER XVI. 



The Marquis de Vaudreuil, Governor. 1743-1753- 

The Marquis de Vaudreuil was a Canadian and a son of a 
former governor of Canada. He came to Louisiana and found 
it suffering the usual fate of the royal provinces of France. 

War* had been relighted in Europe between France and 
England, and in America the colonies of the two rival pow- 
ers, always glad of an excuse, sprang also eagerly to arms, 
and from Canada to New Orleans the rifle and the tomahawk 
were kept on the alert. The Chickasaws, who from the first 
had only made a pretence of observing the recent treaty, rose 
against the French more vindictively than ever. Traveling 
along the Mississippi became a perilous adventure, and 
life in the Mississippi settlements most insecure. Even the 
environs of New Orleans were not safe. The German 
coast was surprised and pillaged, many of its farmers killed, 
and its women and children taken prisoners, and every- 
where in the French lines sudden alarms would send the 
colonists, fleeing in terror-stricken bands, to the city or 
nearest garrison post. At Mobile the panic became so ex- 
treme that Vaudreuil had to remain there with troops for 
awhile to restore calm. Reinforcements arriving from 
France, he was able to station garrisons at the various threat- 
ened points. To protect the city from an attack by the Eng- 
lish, he erected batteries on each bank of the river at English 
Turn. He also led an army against the Chickasaws, but he 
was no more successful than his predecessors had been. The 
savages, resorting to their former successful tactics, shut 
themselves in their forts and defied him and his army. 

More alarming to the colonists than the hostilities of the 
Chickasaws, even, was the increasing division among the 

* Called the war of the Austrian Succession, 1740, over the succession of Maria 
Theresa, of Austria, to the throne of her father. 



FRENCH DOMINATION. 109 

Choctaws, who now, instead of using their strength in de- 
fending the French against the English, were consuming it 
in domestic strife and civil warfare. 

In 1751 the mother country sent her last ship load of emi- 
grants to her daughter colony, and her last donation of mar- 
riageable girls, sixty in number, to be wives for deserving 
bachelors. 

To encourage agriculture, the king promised to buy all 
the tobacco raised in the colony. 

Sugar Cane. — ^Besides tobacco and indigo another com- 
modity had been added to the agricultural products and 
profits of the soil. The Jesuits of Hispaniola obtaining per- 
mission to send sugar cane and some negroes acquainted with 
its culture to their brethren in Louisiana, the latter were soon 
producing this important staple on their plantations. 

Levees. — As the settlements above and below the city were 
now in a flourishing state of cultivation, the question of 
levees began to be an important one. De Vaudreuil issued 
the first levee ordinance in the State, requiring the inhab- 
itants to keep up the levees before their property, on pain of 
having it confiscated. He also issued the first police regula- 
tions in the city of New^ Orleans, restricting the number of 
drinking saloons and the sale of liquors, and adjusting the 
civic relations of negroes. 

In 1753 the Marquis de Vaudreuil was promoted to the 
governorship of Canada and left Louisiana.* 

M. de Kerlerec was appointed to succeed him. 

De Kerlerec. 1753-1763. — De Kerlerec was an officer of 
the royal navy, in which he had served for twenty-five years. 

* During the last year of De Vaudreuil's government the following incident 
occurred, which was made the subject of a drauia Ijy a French officer, Le Bianc de 
Villeneuve, who was stationed in the colony at the time. 

A Choctaw and a CoUapissa had a quarrel, in which the.latter killed the former 
and fled to New Orleans. The relatives of the Choctaw came to the city to demand 
the CoUapissa from de Vaudreuil. The Marquis, afier trying in vain lo pacify the 
Choctaws, was obliged to order the arrest of tlie murderer; but he made his i scape. 
His fatlier went to the Choctaw, and offered liis life in atonement for the crime of 
his son. They accepted. The old man stretclied himself on the trunk of a fallen 
tree, and a Choctaw at one stroke cut his head from his body. 



110 HISTORY OF LOUISIANA. 

Like his predecessor, he was to conduct his administration 
under the shadow of war. 

Seven Years' War. 1756-1763. — It was no mere ques- 
tion of succession to distant thrones that was this time to 
wet the soil of America with the blood of her colonists. 
The dispute was native to the country and one which had 
been growing since its first settlement. The time had come 
when it had to be decided to which of the European powers 
America was to belong; whether its future development was 
to be according to the religion and thought of the Anglo- 
Saxon or of the Latin race ; whether the Lilies of France 
or the Cross of England should recede. 

The rival colonists had clashed over every boundary line, 
and fought over every advanced post in the continent. As 
we have seen, the policy of France was to unite Canada 
and New Orleans by a chain of fortified posts, which 
should insure her the possession of the great waterways of 
the continent, and crowd England between the Alleghanies 
and the Atlantic coast. Midway between Canada and 
Louisiana lay the valley of the Ohio. Should the English 
gain possession of it, they would cut in two the French line 
of fortifications and sever the territory of Louisiana. The 
English had already sent out from Virginia and established 
trading posts along the branches of the Ohio, and their trad- 
ers were deftly winning the Indians into allies. The 
French, quicker in action than their rivals, descending through 
Lake Erie, drove the English away and built three forts 
to guard their position. One of them. Fort Duquesne,* 

* An interesting episode connects Louisiana wilh Fort Duquesne. Gcorpje 
Washington, then a colonel in the Colonial army, was sent by Governor DinwitUiie 
of Virginia, against the fort. On the route he heard of a French detachment com- 
ing to surprise'him. He manoeuvred to surprise it, and in the engagement J umonville, 
the ensign in command, was liilled. Jumonville de Villiers (llie ancestor of one 
of our distinguished Creole families), the brother of the ensign, obtained iiermission 
of Kerlcrec to leave his station at Fort Chartres and go to avenge his brother's 
deatii. He hastened to Fort Duquesne with a large force of Indians and soldiers, 
Washington, with his men, lay entrenched in a rude fortification called Fort Ne- 
cessity, not far from the scene of his first engagement. Jumonville attacked him, 
and, after a sharp fight,',had the honor of forcing the future "Father of his country" 
into surrender. 



FRENCH DOMINATION. Ill 

on the forks of the Monongahehi and the Alleghany rivers 
(site of the present city of Pittsburg), commanding the key 
of the situation, became the first objective point in the mo- 
mentous conflict. 

Although the seat of war was in the far north, Louis- 
iana suffered her measure of damage from it. Her ships of 
supplies from France and the islands were intercepted and 
captured by vigilant British privateers. Her commerce was 
burdened with the expenses and necessities of the war in Can- 
ada, could neither renew the supplies nor protect the com- 
merce. The yearly tribute of presents to the various Indian 
tribes had to be suspended, and this sent the discontented 
warriors into trading and treating with the English. The 
poorly clad, poorly nourished and ill paid soldiers also de- 
serted in large numbers from their different garrisons to the 
ever convenient English.* 

Kerlerec put the colony into the best state of defence pos- 
sible with his inadequate means. His only reliance was 
upon the Swiss mercenaries, and these he distributed among 
the untrustworthy French soldiers in the different posts 
throughout the Mississippi and Alabama country. 

City Defences. — A fortification consisting of a palisade 
wall was made around the city. The batteries at English 
Turn were repaired and resupplied, and a vessel was stationed 
at the mouth of the river, to be sunk in the pass in case of 
emergency. 

From time to time the news of the fortunes of the distant 
hostilities drifted into the colony. Early in 1759 there came 
floating down the river boats containing the garrison and 
officers of Fort Duquesne, which, after much gallant fight- 

* In the summer of 1754, four of (he soldiers of the garrison of Cat Island rose 
and murdered their officer, who ill treated them. They tried to escape to Georgia, 
but a party of Choctaws sent after them captured them. One killed himself. The 
rest were brought to New Orleans. Two were broken on the wheel ; the other, be- 
longing to a Swiss company, was, according to the law of Swiss troops, nailed into 
a coffin, which was sawed in two through the middle. 



112 HISTORY OF LOUISIANA. 

ing on both sides, was evacuated and abandoned by the 
French. The news of the fall of Quebec and Montreal fol- 
lowed in due time, and eventually that of the complete tri- 
umph of the English over the French. The Lilies of France 
had been forced to retire and yield the north to the Cross of 
England. 

Treaty of Paris. 1763. — By this treaty between England, 
France and Spain, France signed her defeat and made over 
to Great Britain all her territory on the North American con- 
tinent, east of the Mississippi, with the exception of New 
Orleans, and the adjacent district called the Island of 
Orleans, lying between Manchac and the Lakes. 

Spain received back Havana, which had been captured by 
the English, but paid for it by the cession of Florida, and 
all her possessions east of the Mississippi. 

Louisiana Ceded to Spain. — With the loss of his Cana- 
dian possessions, the King of France could not hope further to 
withstand the advance of England in America. To save Loui- 
siana, therefore, from the fate of Canada, he made a secret 
donation of it to his kinsman, Charles III, King of Spain, at 
Fontainebleau, on the 3d of November, 1762, the same date 
on which he signed the preliminaries of the peace of Paris. 

During Kerlerec's administration, discord both civil and 
ecclesiastical was rife in the city. Violent quarrels broke 
out between the Capuchin priests, who had legal spiritual 
charge of the colony, and the Jesuits, who, though only 
tolerated as visitors, had managed to gain a large following, 
to the weakening of the influence of the Capuchins. The 
Superior Council was invoked by the Capuchins to interfere 
and prohibit this usurpation, as they called it, of the Jesuits. 

A still more violent quarrel broke out between the 
governor and the royal commissary, Rochemore. On charges 
of the latter, an investigation was ordered into Kerlerec's 
administration. The report being against him, Kerlerec was 
recalled to France and thrown into the Bastile- 



FRENCH DOMINATION. 113 

A stride in advance in the sugar culture has to be chron- 
icled during this administration. The experiment of the 
Jesuits having proved successful, the Sieur Dubreuil put his 
whole plantation in cane, and erected a mill and made an 
experiment at boiling the juice.* 

Abadie Governor. 1763. — The chief magistracy of the 
province was vested in M. d' Abadie, under the title of 
Director General. The military force was reduced to three 
hundred men, under the orders of Aubry, as senior captain. 

The cession to Spain being, however, still a secret in 
Louisiana, the colony thought herself to be, and appeared 
still to be as before, a French province. 

British Take Possession. — The Spaniards retired from 
Florida; and from post after post in the Illinois, Alabama 
and Mississippi regions, the French flag and garrison were 
withdrawn, to be replaced by the British. French and Span- 
ish names were changed for English ones : Fort St. George 
at Pensacola ; Fort Charlotte at Mobile ; Fort Panmure at 
Natchez, etc. The transfer of authorities was made amica- 
bly and expeditiously. The Indian allies of the French made 
here and there a few attempts at guerilla warfare against 
their new masters ; but the French interposing peaceably, 
most of them ended by following the French flag in its re- 
treat and settling around New Orleans. 

In a few months English vessels traveling up and down 
the Mississippi became a familiar sight. They became also 
a welcome one, for, fetching in articles of commerce of which 
the colonists had been so long deprived by the war, they ac- 
quired a thriving though illicit trade all along the coast. 
Tying their boats to a tree a short distance above New Or- 
leans, they attracted customers even from the city.f 

* The sii^ar w;is so badly made, however, that it leaked out of the hogsheads on 
its way to France; and the ship was so lightened that it came near upsetting. 

t As it was U'Hder the pretext of going to Manchac, where they were building a 
fort— Fort Bute— that the English vessels traveled up the river, the place where they 
tied up for the contraband trade was called " Little Manchac." "I am going to 
i.iUle Manchac" was the current expression for a shopping excursion to Uiis con- 



114 HISTORY OF LOUISIANA. 

Jesuits Expelled. 1763. — In accordance with the 
policy in Europe toward the Jesuits, by which they were 
expelled from France, Spain and Naples, Abadie was 
forced to expel them from Louisiana. All their property, 
including their fine plantation, was sold at auction, and t.'ie 
Fathers made to leave the colony in which, m truth, they had 
done all to benefit and nothing to injuie. 

Cession to Spain Made Known. 1764. — In the month of 
October, 1764, Governor Abadie received from his sovereign, 
Louis XV, the communication which made him acquainted 
with the cession of Louisiana to Charles III, King of Spain. 
He was ordered to remit the government to the officer or 
envoy sent by the King of Spain to receive it, evacuate the 
territory and retire to France with all his officers and all the 
soldiers who did not wish to engage in the service of Spain. 

The publication of this communication threw the colonists 
into the greatest grief and consternation. They had been 
forced to submit to the triumph of the English flag, and the 
loss to England of all the magnificent country bought with 
two centuries of their blood and labor; but that was accord- 
ing to the fortunes of war. Now they were called upon to 
yield the last portion of the continent over which the French 
flag floated and see themselves and the great mouth 
of the Mississippi tossed like a trifle to a nation who had 
never lifted a finger for them, a nation too insignificant as a 
foe to be much esteemed as a friend. 

M. d'Abadie died in 1765, and thus could not carry out 
his instructions. The government was put in to the hands of 
Aubry, the commander of the royal troops. 

The Acadians. 1764-1765.* — Before the feelings of the col- 
onists had time to calm, there arrived in their midst a band of 

traband depot. D'Abadie, seeing the necessities of the colonists, closed his eyes 
to the custom. 

* Acadia, or Nova Scotia, as it is now called, had been conquered from France 
by the Bnglish, and transferred to the British crown, by the treaty of Utrecht, in 
1713. It was stipulated that those of the French who chose to remain in the 
country as subjects to the King of England should enjoy free exercise of their rel|- 



FRENCH DOMINATION. 115 

compatriots whose unhappy fate seemed to foretell their own. 
On the open levee, in front of New Orleans, a weary band 
of twenty pilgrims from Acadia landed and told their sad 
story — a story which has found worthy immortality in verse. f 
Their country also had been ceded away ; their homes, their 
churches, their allegiance. 

The citizens greeted them with tender and generous hos- 
pitality, furnishing them food, clothing, lodging and sympa- 
thy. Aubry gave them land, settling them on the river bank 
above the German coast, at what is still known as the Acadian 
coast. Succeeding bands were located in the Lafourche, 
Attakapas and Opelousas district, where their descendants 
live to this day ; a worthy, industrious and frugal population, 
retaining, even in the wealth and official distinction that 
many have attained, the primitive faith and simplicity of 
their early history. 

QUESTIONS. 

Who was the Marquis de Vaudreuil? What of the war declared in 
Europe? Give account of colony and city under De Vaudreuil? 
Who succeeded to De Vaudreuil? Give an account of the Seven 
Years' War, Kerlerec's defences. The treaty of Paris. British pos- 
session of the country. Expulsion of the Jesuits When was the 
cession to Spain made known? What of its effect on the colony? 
Who succeeded to Abadie? Who were the Acadians? 

gion;the rest were allowed to remove within a year. Very few withdrew. Most 
of them hoped that someihing might occur to prevent the necessity of it. Ill will 
between the new and old possessors of the land was to be expected. The English 
accused the priests of encouraging it, and suspected the Acadians of inviting Indian 
war parties into the country. A new and still more binding oath of allegiance to 
England was drawn up, and for years the English tried to force it upon the Aca- 
dians. It was then decided that all who refused to take it should be removed from 
the country. The number removed was over 6000. Many were settled in the British 
colonies from Massachusetts to Georgia. Wretched, among a people hating them 
for their religion and their nation, they soon began a pilgrimage to Canada and to 
Louisiana. Ship loads of Acadians were transported to England, whence they 
made their way to France, where they were settled in the interior of the country or 
sent in colonies to the French establishment in Guyana and the West Indies. From 
the West Indies the Acadians voyaged over the Gulf of Mexico to join their breth- 
ren in T^ouisiana, and here they were afterward joined by the wanderers from Guy- 
ana. In 17S4, in consequence of negotiations with Spain, all the remaining Acadian 
refugees in France were sent to Louisiana. From 1764 to 178S it is calculated that 
the Acadian immigration to Louisiana numbered over 4000 souls. 
t Read " Evangeline," bv Longfellow. 



116 HISTORY OF LOUISIANA. 

CHAPTER XVII. 
RESISTANCE TO SPANISH DOMINATION. 

The Louisianans were not to be ceded away from their 
country and flag without a protest. Public sentiment ripened 
into action. Each parish throughout the colony was re- 
quested to send delegates to a meeting to be held in New 
Orleans. The parishes responding with their best and most 
notable citizens, a large and impressive assembly met. 
The attorney general, '-.afrenier*^, opened proceedings with 
an energetic and eloqueiu speech, proposing a resolution in 
which the colonists of Louisiana en masse supplicated the 
King of France not to sever them from their country * The 
resolution passed unanimously, and Jean Milhet, one of the 
richest and most influential merchants of New Orleans, was 
deputed to carry it to France and lay it at the foot of the 
throne. 

Milhet departed on the first vessel. In Paris he sought 
out Bienville, now a white-haired patriarch eighty-six years 
of age. Together, they went with the memorial to the Prime 
Minister, De Choiseul, whom they asked to present them to 
the king. But as De Choiseul had been the counsellor of the 
cession of Louisiana, he was not in the mind to further any 
remonstrance against it. He received the deputies with 
civility and listened to them with patience, but he so artfully 
thwarted their designs that Milhet was never able to present 
his paper. 

Over a year passed after the official news of the cession and 
after the meeting; Milhet did not return from France, and no 
Spanish envoy presented himself to take possession of the 

* The following^ arc the names of those who were foremost in the first political 
convention held in Louisiana: Lafreniere, Doucet, St. Lette, Pin, Villere, llie 
chevalier d'Arensbourg, Jean Milhet, Joseph Milhet, St. Maxent, De la Chaise, 
Marquis, Garic, Masson, Masange, Poupet, Noyan, Boisblanc, Grandmaison, 
Lallar.de, Lesassier, Braud (royal printer), Kernion, Carrere, Dessales, etc. 



FRENCH DOMINATION. 117 

colony. To all appearances either the King of Spain or the 
King of France was hesitating about it. The colonists there- 
fore rebounded from their first feeling to hope and courage. 

Ulloa. 1766. — Suddenly the bright horizon darkened. A 
letter came to the Superior Council in July, 1766, from Don 
Antonio de Ulloa, announcing his arrival in Havana on his 
way to take possession of Louisiana, of which he had been 
appointed governor. He did not reach the colony, however, 
until the following spring. He was accompanied by two 
companies of infantry, a commissary of war, De Loyola ; 
an intendant, Navarro ; and a royal comptroller, Gayarre. 
They met a respectful but cold reception from the citizens. 

Requested by the Superior Council to present his creden- 
tials, Ulloa refused, saying that he did not wish to take pos- 
session until the arrival of the rest of the Spanish troops, 
adding that he had nothing to do with the Superior Council, 
which was a civil tribunal, and that in taking possession he 
only recognized Aubry as competent to treat with him. 

The colonists fell again into despair over their situation. 
Instead of mitigating it by his personal influence, Ulloa only 
rendered it worse, and the prospect of submission to him be- 
came unendurable. Although a distinguished man of science 
and letters, he was most unattractive and impolitic. Cold, 
haughty, reserved and dictatorial, he was in every respect a 
painful contrast to the people whom he was sent to govern; 
and, restricting his intercourse entirely to the military gov- 
ernor, Aubry, he ignored the colonists in a manner most ex- 
asperating to the independent, free-spoken Creoles. 

He offered to take the French soldiers into the service of 
Spain, but they refused to change their allegiance. The 
Spanish soldiers were lodged, therefore, apart from them, 
and Aubry was forced to garrison the city with his troops 
and still to act the part of governor. In reality he was only 
the mouthpiece and deputy of Ulloa, who assumed surrep- 
titiously all the rights of his unacknowledged official position. 



118 HISTORY OF LOUISIANA. 

He had a census of the inhabitants taken, made a tour of 
inspection of the different military establishments in the 
province, and as Aubry had received no money from France 
to pay French soldiers or to carry on the government, he ad- 
vanced him the funds to do so. He issued various ordinances 
and decrees, one of them forbidding trading vessels entering 
the port without previously submitting to him the estimate 
and price of their cargoes, and restricting all trade to six 
Spanish ports and to vessels commanded by Spaniards. 
Vessels sailing to or from Louisiana were even prohibited 
from entering any Spanish port in America, except in case 
of distress, and then had to submit to strict examination and 
heavy charges. 

What the people of Louisiana most dreaded in the trans- 
fer to Spain was the application to them of the narrow- 
minded decrees of trade framed for the Spanish colonies, 
which would ruin their commerce to the profit of the com- 
merce of Spanish ports. This decree of Ulloa was the real- 
ization of their worst fears. Commercial ruin stared them 
in the face. 

The merchants, in a body, presented a petition* to the 
Superior Council, signed by names that are still distinguished 
in Louisiana, begging a suspension of the decree until they 
could be heard on the subject. The ship captains also pre- 
sented a similar petition. 

Ulloa meanwhile descended the river to the Balize, and re- 
mained there seven months, awaiting the arrival of the wealthy 
lady from Peru whom he was to marry. Aubry made peri- 

* The merchants who signed the petition against the decree to the Superior 
Council, were: Joseph Milhet, Rose, Cantrelle D. Braud, J, Mercier, L. Ducrest, 
Petit, Duforest, Toutant Beauregard, L. Boisdore, B. Duplessis, Bracquier, P. O. 
Caresse, J. Vienne. P. Segond, Voix, Durel, Blache.M. Poupet Jr., Poupet, Estebe, 
Rodrigue, J. Sauvestre, G. Gardelle, Ducarpe, F. Durand, J. and N. Boudet. Riv- 
oire, Macuenara, F. Denis, J. Arnoult, A. Renard, P, Senilh, A. Bodaille, Laulhe, 
Dubourg, Festas, Frigiere, Ranson, Fournier, St. Pe, Detour, Villefranche Salo- 
mon, Delassize Blaignat, Langlois, Fortier, Lafitte, Henard, Estady, Astier, 
Brunei, Bienvenue, Sarpy, Doraison, Cavelier, Papion, Gaurrege, Revoil, Guezille, 
Guignan, St. Anne, Moullineau, P. Hery, A, Ollivier, Broussard, Dumas, Grueu- 
mard, Chateau, Simon, Hugues, Sarrou, TJaguet, Nicotet, Brion, Betremleux, Blaa- 
din, Duterte, Bijon, D'Hubeck, Duralde, Bonnemaison, Joll, Forstal, L'Enfant. 



FRENCH DOMINATION. 119 

odical visits to him; during one of which he signed a secret 
act, putting Ulloa in possession of the province, and at the 
same time authorized him to raise the Spanish flag whenever 
he wished. Relieved from the presence of Ulloa and still 
awaiting the result of Milhet's mission the colonists began 
again to indulge their patriotic dreams. 

Milhet returned from France ; instead of the good news 
expected, he brought the report of total failure. In- 
dignation succeeded to disappointment. Throwing off all 
conceahnent, the colonists voiced their hatred of Spain and 
Ulloa, and their loathing of the yoke about to be put upon 
them. Calm was completely destroyed. From one end of 
the colony to the other the wildest excitement prevailed. 
Meetings were held in which heated addresses increased still 
more the violence of feeling. Finally the country was again 
invited to send delegates to another grand meeting to be held 
in the capital. 

As before, Lafreniere took an important part and made 
an impassioned speech. He was ably sustained by the two 
brothers Milhet, and by Doucet, a lawyer lately arrived 
from France. The proceedings terminated by an address to 
the Superior Council, calling upon it to declare Ulloa an 
usurper and oppressor for having raised the Spanish flag 
in several places in the colony without having exhibited and 
registered his credentials at the Superior Council or in such a 
manner that the citizens could see them ; for having on his 
own private authority and without reason detained captains 
and their ships in port ; for having put French citizens under 
arrest on board the Spanish frigate ; and for having held coun- 
cils with Spanish officers in which decrees of arrest had been 
rendered against French citizens ; the citizens, therefore, 
prayed the Superior Council to order Ulloa out of the colony. 
The paper was signed by five hundred and fifty respectable 
names. It was ordered printed by the royal commissary and 
circulated in every parish. After the address was read to the 
council and handed to a committee for consideration, the 



120 HISTORY OF LOUISIANA. 

attorney general * submitted a brief in which the duties of 
councils and parliaments to the people were explained and 
the legal points bearing upon the competency of the Royal 
Superior Council to act in the premises exposed. 

On the 29th of October the petition was taken up by the 
council, and after some debate a decree was passed order- 
ing Ulloa to produce his powers from the King of Spain, if he 
had any, that they might be recorded in its minutes or to 
depart within a month. Ulloa accepted the last alternative, 
and on the following afternoon embarked with all his house- 
hold on a frigate then at the levee. Aubry with a detail of 
soldiers escorted him and left a guard on the vessel. 

Expulsion of Ulloa. — At daylight the next morning a 
crowd of revelers, who had passed the night at a wedding 
feast, appeared on the levee shouting, and singing patriotic 
songs. The frigate, containing the hated Spaniard and his 
equally hated wife, lay before them in the gray dawn. They 
could not resist the temptation ; one of them cut its ropes, 
and with delight the crowd watched the vessel move from its 
moorings, yield to the current and drift away from the city. 

A few days afterwards a memorial or manifesto, explain- 
ing and jusiifying the expulsion, was printed and dissemi- 
nated. The Superior Council despatched one of its members, 
Mr. Lesassier, with a copy of the decree and an explanatory 
letter to the Minister of Foreign Affairs in France. The 
citizens sent another address to the king voicing their senti- 
ments against Ulloa, and praying to be allowed to remain 
Frenchmen, and Aubry, who had protested against the ex- 
pulsion, also wrote his account of the affair, reiterating what 

*L,afreniere in his speech reierred to the successful opposition of the British 
American colonies to the Stamp Act, and drew the attention of the council to the 
noble conduct of the people of Burgundy in 1526, when summoned by Launoy, tlie 
viceroy of Naples, to recognize as their sovereign the'emperor Charles V, to whom 
Francis I had ceded the province by the treaty of Madrid. The States and courts 
of justice bemg convened to deliberate on the emperor's message, they unani- 
mously answered that the province was a part of the French monarchy and that the 
king had not the power of alienating it. The nobles resolutely declared that if 
the kingf abandoned them they would resort to arms and the last drop of their blood 
would be spilt in defence of tneir country. 



FRENCH DOMINATION. , 121 

he had written shortly after the arrival of UUoa, that notwith- 
standing the Spaniard's reputation in all the academies of 
Europe, he was not the proper man to govern the colony, 
not having the qualities requisite to command Frenchmen. 
Instead of gaining the hearts of the people, he had done 
everything to alienate them. He seemed to despise the 
colony and particularly the Superior Council, and by his m- 
discreet conduct had rendered the Spanish domination 
dreaded, uttering threats which menaced a honrible tyranny 
in the future. Aubry also described the great distress finan- 
cial and commercial, since the advent of Ulloa, the depression 
of all values and the decrease of population. 

Ulloa from Havana sent to his goverernment a report 
of the insult to his king and to himself. He passed in re- 
view by name the men who had taken a prominent part in 
the rebellion, as he called it. He described them as extrava- 
gant and overwhelmed with debts and only seeking in revo- 
lution an escape from their responsibilities. All, he said, 
were children of Canadians, who had come to Louisiana 
axe on shoulder, to live by the work of their hands. 

The momentary calm that follows the storm fell over 
Louisiana and the Louisianians. During the interval between 
the sending of their communication to their government in 
France and getting an answer, there was much discussion 
and speculation about future events. There had been a 
thought of casting off all monarchical allegiance, and making 
Louisiana a republic under the protection of England, and 
three months before the expulsion emissaries had been sent 
to the English governor at Pensacola to sound him on the 
subject. The English official returned an unfavorable 
answer, however, and, it is said, betrayed the communication 
to Aubry, who, in his turn, delivered it to the Spanish gov- 
ernor. 

O'Reilly. 1769. — Like a thunderclap, six months after- 
wurds, came the announcement from the commandant at Balize 



122 HISTORY OK LOUISIANA. 

of the arrival of Count O'Reilly, lieutenant general of the 
armies of Spain, with a formidable number of ships and 
troops. The news was enough to chill the colonists with fear. 
The pitiless, bloody record of Spain as an avenger in the past 
arose before them, with the vision of their own defenceless 
position. The leaders of the Spanish opposition hastened to 
Aubry, in despair at what they had brought upon the colony. 
The French general reassured them. As no blood had been 
shed in the expulsion of Ulloa, he thought that a prompt sub- 
mission would be accepted as sufficient atonement for the 
past. He sent an officer to tranquilize the inhabitants along 
the coast and warn them to keep quiet. 

That evening a Spanish officer arrived with dispatches from 
O'Reilly, stating that he had come to take possession of the 
country for the King of Spain and would exhibit his creden- 
tials at his first interview with Aubry. The next day Aubry 
assembled the citizens and made them an address announcing 
the arrival of the Spanish envoy ; counseling submission and 
obedience, and taking upon himself to assure them that if 
they followed his advice they could have full confidence in 
the clemency of the King of Spain. 

Lafreniere, one of the Milhets and Marquis, offered to go 
personally to O'Reilly to present their submission and the 
submission of the citizens. Aubry gave them a letter of in- 
troduction, and O'Reilly received them courteously. La- 
freniere introduced himself and companions as delegates 
from the people, charged to make profession of submission 
and respect to the King of Spain. Throwing the blame of 
what had occurred on the illegal conduct of Ulloa, he pro- 
tested that the credentials which O'Reilly brought were 
more authoritative to the colony than the army under his 
command ; but the colony implored his benevolence for such 
privileges of time as would be needed by those who should 
wish to emigrate from it. O'Reilly responded kindly that 
it was not possible for him to come to any decision until he 



SPANISH DOMINATION. 123 

had examined all the facts of the case on the spot ; that the 
colonists could be assured that no one loved to do good more 
than he, and that it would plunge him into despair to cause 
the smallest injury to any one. He begged the colonists to 
be tranquil, and trust to his good sentiments toward them. 
He mentioned the word sedition ; Marquis interrupted him 
and explained that that word was not applicable to the colo- 
nists. O'Reilly kept the party to dinner, treated them with 
all courtesy, and sent them away full of hope in regard to the 
past. Their report of the interview calmed the agitation 
in the city, which sank into much needed repose and peace. 

QUESTIONS. 

Give an account of opposition to Spanisii domination. Arrival of 
UUoa. Refusal to exhibit his credentials. Expulsion. Their com- 
munication to the home government. Further proceedings of the 
colonists. O'Reilly's arrival. 



SPANISH DOMINATION. 



CHAPTER XVIII. 
O'REILLY TAKES POSSESSION. 

On the night of August 17, 1769, the Spanish frigate, 
followed by twenty-three other vessels, sailed up the river 
and anchored in front of the city. 

At mid-day of the iSth Aubry had the general alarm 
beaten. The troops and militia marched out and formed, 
facing the vessels, on one side of the Place d'Armes. General 
O'Reilly landed, and three thousand soldiers filing after 
him formed on the other three sides of the open space. 



124 



HISTORY OF LOUISIANA. 



O'Reilly, advancing to Aubry, presented his credentials 
from the King of Spain and his orders to receive the province. 
The papers were read aloud to the assembled citizens. Au- 
bry made a proclamation relieving the colonists from their 
allegiance to France, and delivered the keys of the city to 
O'Reilly. The vessels discharged their guns, the soldiers 
fired salvos of musketry and shouted. The Spanish flag 
was raised on all public buildings, the French flag lowered. 
Spanish guards relieved the French guards. A Te Deum 
was then celebrated at the church, and the cereinonies termi- 
nated by a grand parade of the Spanish military, who, with 
their discipline and finished equipments, presented a truly 
awe-inspiring appearance to the colonists. 

O'Reilly took up his" residence in one of the handsomest 
houses in the city and assumed a mode of life more regal and 
stately than had ever been displayed 
by any previous governor. In the 
largest apartment of his hotel a 
kind of throne was placed under a 
; canopy, and here, like a mimic 
king, he gave audiences and held 
ij receptions. The colonists, faithful 
to their professions, came in num- 
bers to pay their respects. They 
were accompanied by their wives 
and daughters, who, with their per- 
sonal attractiveness and handsome 
toilettes, endeavored to throw the 
graceful charm of society over the grim and sombre state 
of a military ceremony. 

The vSpaniard maintained a graciousness of demeanor 
which exceeded even the most sanguine expectations. He 
had written, however, privately to Aubry, demanding full 
and entire information respecting the expulsion of Ulloa, 
with the literal citation of all orders, protestations, and pub- 




o'reilly. 



SPAMSH DOMIXATION. 125 

lie and private documents relating thereto, and particularly 
the names of the persons who wrote and published the 
deci'ee of the council ordering- the expulsion and the man- 
ifesto succeeding it. 

Aubry, accepting the role of informer, furnished not only 
all that was officially required, but such gratuitous personal 
evidence as would make him agreeable to the Spaniards. 
Masan, Chevalier of St. Louis; Foucault, the commissary; 
Marquis, ex-captain of a Swiss company; the two De 
Noyans, nephews of Bienville ; and Villere, were named as 
the richest and most distinguished citizens who had taken 
part in the Spanish expulsion. All the documents with sig- 
natures attached, and the manifesto with Braud's stamp as 
printer, were put into O'Reilly's hands. 

Upon different pretexts, O'Reilly secured the attendance 
of Lafreniere, De Noyau, the two Milhets and Boisblanc 
on the same day at his levee. He received them with more 
than his usual courtesy, and suavely begged them to pass 
into the next room with him. They complied unhesitat- 
ingly, walked into the apartment and were surrounded 
by Spanish grenadiers with fixed bayonets. Then throw- 
ing off his mask, O'Reilly denounced his guests as rebels to 
the King of Spain, informing them that they were prisoners 
of state and their property and fortunes confiscated. The 
gentlemen, then under strong guard, were conveyed to the 
places which had been selected for their imprisonment ; some 
to the barracks, some to the frigate in the river, and some 
to their houses, where a guard was stationed. 

Villere, who had been marked also for arrest, was on his 
plantation on the German coast. On the news of O'Reilly's 
arrival he had intended to put himself and family under the 
protection of the British flag at Manchac, when he received a 
letter from Aubry assuring him that he had nothing to appre- 
hend, and advising him, on the contrary, to come to the city. 
As flight seemed to imply a consciousness of guilt, this advice 



126 HISIOUY OF LOUISIANA. 

was more cong-enial to Villein's character. He set out at 
once for New Orleans. At the city g'ate he was stopped and 
carried a prisoner aboard the frigate. Madame Villere, 
hearing of her husband's arrest, hastened also to the city, and 
taking a boat had herself rowed to the frigate. She was 
ordered away. Villere, hearing the supplicating voice of his 
wife, made an effort to get on deck to see her. The sentinel 
opposed him. There was a struggle, and the gallant creole 
fell, transfixed with a bayonet. He died shortly afterwards. 

Trial of the Patriots. — O'Reilly confided the trial of the 
prisoners to his own ofHcials, who made all the examina- 
tions, records of testimony, etc., necessary for a prosecution 
for treason according to Spanish criminal law. 

Foucault pleaded that as he was royal commissary of the 
King of France, he was accountable only to him. His plea 
was sustained. Brand pleaded that he had printed the mani- 
festo only on order of Foucault, which, as royal printer of 
Louisiana, he was bound to respect. He was released The 
other prisoners confined their defence to a denial of the juris- 
diction of the tribunal before which they were arraigned. 
They claimed that the offences with which they were charged 
took place while the flag of France was waving over them 
and the laws of that kingdom were still in force in the colony, 
and that as the people of Louisiana could not wear the yoke of 
two kings at once, they could not at the same time, offend 
against the laws of two kingdoms. O'Reilly had decided 
from the first, for an example, to proceed with the utmost 
rigor of the law against six of the prisoners, and as the law 
authorized a less severe punishment than death unless the 
charge was proved by two witnesses, the trial in reality was 
merely to separate those who were to lose life and property 
from those who were to lose liberty and property. As 
there was no defence made, the accusation meant condem- 
nation. The sentence condemned Nicolas Chauvin De 
Lafreniere, De Noyan (the nephew of Bienville), Pierre 



SPANISH DOMINATION. 127 

Caresse, Pierre Marquis and Joseph Milhet to death. They 
were to be conducted to the place of execution on asses, 
with ropes around their necks ; to be hanged, and to remain 
hanging until O'Reilly ordered otherwise. Warning was 
issued against any one's rescuing the bodies or in any way 
frustrating the execution of the sentence on pain of death. 
As Villere had already met his punishment, all that Span- 
nish authority could do was to condemn his memory as in- 
famous. Petit was sentenced to prison for life ; Masan and 
Doucet for ten, and Boisblanc, Milhet and Poupet foi six 
years. All copies of the manifesto and all papers relating 
to the event were to be burned in the public place by the 
hangman. 

Execution of the Sentence. October 28, 1769. — 

As there was no white hangman* in the colony, however, 
O'Reilly was persuaded to allow the condemned to be shot. 
On the morning of the fatal day the guards were doubled at 
every gate and station of the city. All the troops were put 
under iirms and were kept prepared for action along the 
levee and on the public square. Those of the citizens who 
could, fled into the country. Doors and windows were 
barred ; all sign and sound of life suppressed. At 3 o'clock 
the patriots were led out of their prison to the square in 
front of the barracks. They were tied to stakes and received 
their death with the calm firmness of the innocent and of the 
brave. 

O'Reilly Governor. 1769. — In the cession of the colony, 
Louis XV had expressed the hope that justice should be 
administered according to the accustomed laws, forms and 

*Diimont relates: "As at one time there was no executioner in the 
" colony and no one who would take the exercise of the office, and as every 
" well organized government needed an official executioner, it was decided to give 
" the charge to a negro, named Jeannot, belonging to the Company of the Indies. 
" He was summoned and told what was intended. He tried to get out o: it, 
*' although the office would have given him his freedom. But he saw that there was 
"no escape, that he would be forced into it : ' Very well,' he said ' wait a moment.' 
" He hastened to his cabin, seized a hatchet, laid his arm on a block of wood, and 
" cut off his hand. Returning he showed his bloodv stump to the commissioners. 
" Another negro, however, was persuaded to take the office." 



128 HISTORY OF LOUISIANA, 

usages of France. O'Reilly, in his policy of reconstruction- 
heeded no such desire. A proclamation in November an 
nounced to the colonists that all hitherto existing form? of 
government were abolished and that Louisiana was to be 
placed under the same regulations that reigned in other 
Spanish colonies. For the Superior Council, a cabildo was 
substituted, composed of six regidores, two alcades, an 
attorney general, syndic and clerk, over all of which the 
Spanish governor was to preside. The Spanish language 
was ordered to be employed by all public officers ; and the 
colony was to be made as far as possible Spanish^ at least in 
appearance. 

During the winter the governor made a tour of inspection 
of the settlements along the liver coasts. The most notable 
planters were invited to meet him ; but he received only a 
dignified and cold submission from them. Some of the 
French soldiers enlisted in the Spanish service. Many were 
discharged and received grants of land ; those who wished 
to remain in the French service were offered free passage to 
St. Domingo or France. Aubry sailed with those who re- 
turned to France. His vessel reached the continent in safety, 
but foundered in the river Garonne. Aubry perished, with 
nearly all on board. 

Large numbers of merchants and mechanics of New Or- 
leans, having no taste for the sample of government they had 
seen, emigrated to St. Domingo. Many of the most pros- 
perous planters followed them. The movement, indeed, 
became so great that O'Reilly, to check it, withheld pass- 
ports from the applicants. 

O'Reilly, himself, took his departure from the colony dur- 
ing the summer, leaving behind him a reputation which 
has become immortalized in Louisiana in the sobriquet of 
"Bloody O'Reilly." 

He appointed as successor one of his colonels, Don Luis 
de Unzaga. 



SPANISH DOMINATION. 129 

* 

Unzaga Governor. 1770-1777. — Unzaga's appointment 
was confirmed by the court of Spain, His mild and easy 
administration relieved the colonists from the gloom into 
which the horrible rigor of O'Reilly had plunged them. He 
married the daughter of a prominent Creole of the province, 
and some of his officers following his example, good will 
was not long in being established between the two nations. 
But the colony was nothing more than a royal apanage. 
The narrow-minded commercial policy of Spain which the 
New Orleans merchants had dreaded was applied rigorously, 
and it produced the effect they had predicted — it killed all 
enterprise. The only trade carried on was still by the alert 
English in contraband. Besides large warehouses in Man- 
chac, Baton Rouge and Natchez, and their vessels of goods 
moored at Little Manchac, they now had two large boats, 
with their cabins fitted out like stores, which they kept trav- 
eling up and down the river, stopping at the call of any 
planter. Unzaga closed his eyes at the infraction of the law, 
without which he knew it would be impossible for the colony 
to subsist.* 

War of Independence. 1775. — In the British colonies 
resistance to the arbitrary taxation of the home government 
had culminated in the memorable war which was to result in 
the independence of America and the federation of the United 
States. During the desperate struggle that ensued after the 
battle of Lexington, the need of supplies by way of the Mis- 
sissippi bi'ought American merchants and emissaries to New 
Orleans, where, with Unzaga's connivance, they established 
commercial connections to buy arms and ammunition to ship 
to the colonial forces. 

*It was during Unzaga's administration that the celebrated religious war be - 
twee/i the French and Spanish Capuchins took place; from the Spanish lather, 
Cirilo, attempting to substitute the ijrim tanaticism of Spanish practices for the 
pastoral government of the French father, Dagobert, an episode much celebrated 
in local fiction and poetry, and one which has elevated the French Capuchin, good 
Father Dagobert, into tlie ecclesiastical hero of the place. Unzaga acted during 
the troublous discussion with the toleration and equity which eminently distin- 
guished him in all his administrative difficulties. 



130 



HISTORY OK I.OUISIANA. 



Unzaga was appointed captain general of Caraccas and 
was succeeded by Don Bernardo Galvez. 

Don Bernardo Galvez. 1777-1785- — Galvez was a brill- 
iant young officer of twenty-two, the colonel of the Spanish 

regiment of Louisiana and 
powerfully connected ; his 
father being viceroy of Mex- 
ico and his uncle secretary 
of state and president of the 
Council of the Indies, an 
office second in authority 
only to the king. 

Galvez, like Unzaga, did 
ail in his power to ren- 
der his nation and his gov- 
ernment acceptable to the 
colonists. He opened his 
administration by mitigating 
BERNARDO DE GALVEZ. thc strict dccrces against 

trade, and French vessels were once more permitted to land at 
New Orleans. Competing with the English, they soon suc- 
ceeded to their monopoly, and enterprise and activity revived 
among the creole merchants and planters, who were further 
encouraged by the offer of the Spanish government to buy in 
future all the tobacco raised in the colony. In the city, assist- 
ance was furnished more and more openly to the warring 
American colonies. Not only were regular shipments of 
supplies made to Virginia and Pennsylvania, but emissaries 
passing backward and forward in their effort to stir up a revolt 
also in the Floridas made it a stopping place and rendezvous, 
t An American in Philadelphia even fitted out in New Orleans 
t an expedition against the British posts which captured the fort 
I at Manchac and ravaged the plantations as far as Natchez. ,; 
■ War. — It could not be expected that France should remain 
neutral in the conflict between the Americans and her old foe. 




SPAXISH DOMINATION. 181 

From private encouragement and assistance she passed to 
open recognition of the independence of the revolted colonies 
and to a treaty of alliance with them, England responded by 
hostilities against France. Spain offered her mediation for 
a general peace based on the separation of the colonies from 
the mother country. England, haughtily refusing, Spain de- 
termined to take a hand herself in the quarrel, by declaring 
war against England. It was the opportunity above all 
others desired by Louisiana's young martial governor. 

Capture of British Forts. — Galvez mustered a force of 
about fourteen hundred men, composed of the colonial militia, 
Indians, colored soldiers, and volunteers from the Americans 
in the city. Marching up the river he captured Fort Bute ; 
forced Baton Rouge to capitulate, and in her capitulation to 
include Fort Panmure at Natchez, and three other small gar- 
risons in the neighborhood. 

Mobile Captured. 1780. — Returning to New Orleans, he 
immediately commenced preparations for an expedition 
against Mobile, and sailed from the Balize with over two 
tliousand men. In the gulf he was overtaken by a storm, which 
came near wrecking the whole expedition. He succeeded, 
however, in reaching Mobile river, and, in spite of the con- 
fusion and demoralization of his army, marched to Fort Char- 
lotte and forced its surrender. 

Expedition Against Pensacola. 1781. — The conquest 
of Pensacola was next determined upon, but this place was 
too well fortified for Galvez to hope for the easy triumphs 
of the past. He sent to Cuba for troops. The captain gen- 
eral promised but did not send them. Galvez then sailed there 
in person and obtained them. Returning across the gulf, he 
encountered a terrible hurricane ; many of his transports foun- 
dered, the rest were dispersed. He put back to Havana, col- 
lected and refitted a new armament and sailed for Pensacola 
with a ship of the line, two frigates, several transports and 
fourteen hundred men, with full equipment of artillery. 



182 HISTORY OF LOUISIANA. 

He landed on the island of St. Rosa in March, and erected 
a battery to protect his ships while crossing the bar. But 
when the attempt was made the commodore's ship got 
aground and he refused to proceed. Galvez had the channel 
sounded, and found water enough for his largest vessels, but 
the Spanish officers still refused to risk the royal fleet, in a 
channel they did not know, under fire of a formidable fort. 
Galvez then decided to carry through his own colonial gun- 
boats and thus force the Spanish commodore into follovvnig 
his example. Towards noon he went aboard, ordered the 
pennant to the mainmast, salutes fired and sails set. The fort 
commenced a brisk cannonade, but his boats sailed trium- 
phantly through it, and Galvez landed on the island of St. 
Rosa, amid the acclamations of his men. The rest of the 
fleet crossed the bar next day with like success. 

Attack. — After some parley, with a view of excludnig the 
town of Pensacola and its inhabitants from exposure to the 
fortunes of war, the English commander withdrew with all 
his forces into the fort. The Spaniards threw up their earth 
works on both sides the British walls and stationed then- 
batteries. From these and from the fleet in front a tremen- 
dous fire was j-joured into the fort. Agam and again the 
men were driven from their guns, but the Spaniards gained 
no decided advantage. On the contrary, the British erected 
a battery whose heavy guns soon silenced the Spanish ships 
and drove them to the other side of the bay. After a month's 
siege an accident turned the uncertain victory to the account 
of Galvez. The powder magazine in one of the advanced re- 
doubts took fire from a shell and blew up, opening a passage 
to him. He had barely taken possession of it when the 
British displayed a white flag. A capitulation was agreed 
upon by which the whole province of West Florida was sur- 
rendered to Spain. The garrison was allowed the honors of 
war and transportation into the English dominions. 

The brilliant services of Galvez were rewarded with the 



SPANISH DOMIXATIO.V. 133 

Cross of the Royal Order of Charles III, the title of Count, 
promotion to Lieutenant General in the army, and Captain 
General of Florida and Louisiana. He sailed shortly after- 
wards to Havana, to take command of the Spanish forces in 
a combined French and Spanish attack on Jamaica, leav- 
ing the government of Louisiana during his absence to 
Don Estevan Miro, colonel of the Spanish regiment of 
Louisiana. 

Peace of Paris. American Independence, 1783. — The 
great and glorious struggle of the Americans drew to an 
end. Great Britain was forced to acknowledge their in- 
dependence. The peace was signed at Paris, September 3, 
1783. It fixed the southern boundary of the United States at 
a line beginning in the middle of the Mississippi, latitude 31 
degrees north, and along this parallel to the Chattahoochee 
river; down the middle of this river to its junction with the 
Flint ; thence in a straight line to the head of the St. Mary's, 
and along the St. Mary's to the sea. The navigation of the 
Mississippi, moreover, from its source to its mouth, was de- 
clared free to the subjects of Great Britain and to the citizens 
of the United States. 

By a treaty of the same date, however. Great Britain ceded 
and guaranteed to Spain the possession of both the Floridas. 
The King of Spain, who claimed that West Florida extended 
as far north as parallel 32.28, now refused to accept the 
boundary line fixed by Great Britain, and also denied that 
the privilege of navigating the Mississippi through his posses- 
sions could be granted without his consent. These questions 
caused negotiations to be reopened between the government 
of the United States and the court of Spain, which, as we 
shall see, lasted for a number of years. 

1784. — During their short and brilliant war against their 
English neighbors, the Louisianians suffered great agricul- 
tural and commercial depression. The paper money fell to 
half its value ; crop after crop failed. The sorely needed 



134 HISTORY OF LOUISIANA. 

peace did little to mitigate the crisis. For two years succes- 
sively hurricanes had swept the country bare of vegetation 
and buildings ; and the waters of the gulf, driven inland in a 
great tidal wave, had submerged land and stock. In addition, 
there were the usual overflows from the river, and a rainy 
summer following brought an epidemic of fever. The nec- 
essaries of life rose to an extreme height and want and suf- 
fering wrung bitter complaints from the inhabitants. The 
severity of the winter that succeeded was unknown in all pre- 
vious experience. White frosts appeared in September. By 
November the cold was intense. In February the whole 
width of the river in front of New Orleans was so filled 
with blocks of ice that for five days all communication be- 
tween the two banks was interrupted. 

Early in 1785 Galvez was appointed viceroy of Mexico, 
to succeed his deceased father, and Miro became governor 
of Louisiana. 

QUESTIONS. 

Give an account of O'Reilly in New Orleans. Arrest of the pa- 
triots. Their trial and execution. Spanish reconstruction in Louis- 
iana. Unzaga's administration. Administration of Galvez. Capture 
of the British possessions. Give account of the Peace of Paris — the 
boundaries it fixed and the provision regarding the Mississippi river. 



CHAPTER XIX. 

Governor Miio. 1785-1791. — Miro continued the wise 
policy of his predecessors, exerting himself to obtain from 
the Court of Madrid as much extension of commercial privi- 
leges as possible, foreseeing that in commerce lay the very 
life of the colony. He was fully impressed with the impor- 
tance of the Mississippi as the artery of trade of the country. 



SPANISH DOMINATION. 135 

"As many as forty vessels at a time," he wrote to the home 
government, " could be seen on its waters."* 

The natural, and in that ante-railroad period the only 
outlet for the produce of the Middle, or, as they were then 
called, the Western States, the river was indeed asserting its 
importance in a manner that both governments were forced 
to consider. After the War of Independence there poured 
down upon its currents one continuous line of flat-boats 
laden to the edge with the produce of the rich soil from 
above. These cargoes found ready sale, and were soon the 
main source of food supplies to the city. The flat-boats, 
after being unloaded, were broken up and sold for timber. 
But the sturdy flatboatmen from Ohio and Kentucky, on their 
return, had always a long list of seizures, confiscations, im- 
prisonments, and vexatious interferences of all kinds by the 
Spanish authorities, to report, and the people of the States, 
strong and bold in their new liberty, were not of the kind 
tamely to brook such treatment. They considered that the 
Mississippi river belonged to the people of the Mississippi 
valley, and they were determined to have the use of it to its 
mouth. Among the violent, invasion of Louisiana and forci- 
ble seizure of New Orleans were talked about. The more 
peaceable applied to Congress to obtain from Spain by ne- 
gotiation the full observance of the last treaty. 

Miro, alive to the critical temper of Americans and to the 
defenceless condition of the colony, redoubled his vigilance 
and relaxed the restrictions upon the river trade. To fill up 
the country, he encouraged emigation from the West into the 
Spanish possessions on the Mississippi, and another large 
number of Acadian families coming into the colony, he 
settled them in the neighborhood of their compatriots on 

♦One of the first acts of Miro's administration was the building of a hospital for 
lepers in New Orleans on what was long called " la terre aux lepreux," or lepers' 
land, situated on Metairie Ridge. Ulloa had attempted to confine some of the 
lepers at Balize, but the public discontent caused him to desist. 



136 HISTORY OF LOUISIANA. 

both sides of the Mississippi and in the Attakapas* district. 
To increase Spanish population, the Spanish govern- 
ment had in this, and also during the previous adminis- 
tration, transported to Louisiana a number of families from 
the Canary Islands. f These were settled, some at Terre- 
aux-boeufs ; some at Bayou Manchac, where they formed a 
village called Galvezton ; and some at Venezuela, on Bayou 
Lafourche. 

The English inhabitants of the Natchez district were en- 
couraged to remain and take the oath of allegiance to Spain : 
they were forbidden, however, the public exercise of their 
worship, and the king sent out, at his own expense, Irish 
priests to convert them to the Roman Church. 

At the same time, Miro spared no means to conciliate the 
Indians, and he succeeded in drawing to New Orleans 
thirty-six of the most influential Chickasaw and Choctaw 
chiefs, gave them rich presents, harangued and feasted 
them. 

1787. — General Wilkinson, a distinguished officer in the 
War of Independence, became a prominent figure in the 
crisis. He conceived the plan of relieving the strained con- 
dition by establishing such relations between the people of 
the interior and the Spaniards as would be profitable to both. 
Ha came to New Orleans and made the acquaintance of 
Miro, who, fearful at every rise of the river of an invasion 
from the indignant Americans to the north, eagerly wel- 
comed any arrangement by which such a possibility might 
be avoided. He even flattered himself that Wilkinson's 
friendship and the necessity of the Mississippi to the Middle 
States, properly handled, might result in their secession from 
the Union, and the erection of a friendly republic under the 

*In the beginning of 17S7 the districts of Opelousas and Attakapas, which so far 
had been under one officer, were divided into two separate commands. Nicholas 
Forstal was appointed commander of the Opelousas district, and the Chevalier de 
Clouet, who had before presided over both, was left in chargpe of the Attakapas. 

t Called to this day " Islingues," from islenos, islanders. 



SPANISH DOMINATION. 137 

dependence of Spain, between the Spanish and the United 
States boundaries. 

New Orleans. 1788. — In the capital life was changing 
from the rude simplicity of the early Canadian days to the 
tone and fashion of European cities, of which the foreign 
officers and their families set the standard. Handsome resi- 
dences of brick and stucco with hand-wrought iron gates 
and balconies, and spacious court yards, began to replace 
the low, tile-covered cottages of the first settlers. But the 
march of improvement was arrested by a most disastrous 
occurrence. 

On Good Friday, 1788, the house of one of the Spanish 
officials caught fire from the lights on the altar of the 
domestic chapel. The flames spread until the entire city 
seemed doomed ; eight hundred and fifty-six houses, the 
Cathedral, Convent of the Capuchins, Town Hall, the 
arsenal and all its contents, were consumed. Nothing could 
exceed the scene of ruin and desolation that ensued. New and 
handsomer buildings, however, were soon being built on the 
old sites, and Don Andres Almonester,* a rich and influential 
citizen, commenced his generosities to the city by replacing 
the burned schoolhouse, and laying the foundation of a new 
and handsome cathedral. 

In the begmning of 1789 Louisiana learned that Charles 
III was dead, and that Charles IV, his son, succeeded him. 
But the new king was more intensely Spanish than the last, 
as the colony soon perceived. 

Inquisition. — The Spanish Capuchin priest, Antonio de 
Sedella, who had lately arrived, was commissioned to intro- 
duce the Inquisition into the city. He made his preparations 
with the utmost secresy and caution, and notified the gov- 

*Don Andres Almonester y Roxas was a native of Andalusia. He was a 
Knight of the Royal Order of Charles III, colonel of the militia, alderman and 
royal lieutenant of the corporation, founder and donor of the cathedral, the court 
house, of the Hospital of St. Charles and of its church; also of the hospital for 
lepers and of the convent and school of the Ursulines, He died 17JS, »nd 
was buried in the cathedral, where his tomb may still be seen. 



138 HISTORY OF LOIii^ANA. 

ernor that he might soon, at some late hour at night, find it 
necessary to require guards to assist him. 

Miro did not hesitate to risk his own authority to prevent 
an establishment, the idea of which made him shudder. The 
night following the Caj^uchin's notification, when the rep- 
resentative of the Inquisition was quietly sleeping, he was 
aroused by a heavy knocking; opening the door, he saw an 
officer and a file of grenadiers. Thinking they had come in 
answer to his letter, he said: " My friends, I thank you and 
" his excellency for the readiness of this compliance with my 
" request. But I have now no need for your services, and 
" you shall be warned in time when you are wanted. Retire 
" with the blessing of God."* 

Great was his stupefaction when he was told that he was 
under arrest. "What," exclaimed he, "Will you dare lay 
your hands on a Commissioner of the Inquisition!" "I dare 
obey orders," replied the undaunted officer; and the 
Reverend Father Antonio de Sedella was instantly carried 
on board of a vessel which sailed the next day for Cadiz, f 

Goddess of Liberty. 1791- — Tender of the political as 
well as religious condition of the people, the Kmg of Spain 
prohibited the introduction into the colony of any boxes, 
clocks, or other objects stamped with the figure of the 
American goddess of liberty. 

French Revolution. 1789-1791. — It was a time indeed to 
fear the spread of ideas of liberty. The heroic stand of the 
United States against England, and the independence and 
freedom thereby gained, had fired the long discontented 
French people into a revolt against their monarchy. 

The revolution which broke out with such deplorable vio- 
lence in France was followed in the French colonies with 
even more bloody exhibitions. In St. Domingo the negroes, 

* Gavarre, Spanish D'miin iti'>n. 

t A few years later I'crc Antoinu returned and lived and worked in t'<e city until 
1S29 He made liimself so lulov d by lliu jicople that his memory is still cherished 
by both Protustunts and Cathul.cs. 



SPANISH DOMINATION. 



139 



not satisfied with the freedom granted them, resolved to rule 
supreme. A general massacre of the whites was plotted and 
carried out with revolting cruelty. Those who could escape 
fled to neighboring countries ; many came to Louisiana. 
Among the refugees were a company of French comedians. 
They opened a theatre in New Orleans, originating the regu- 
lar French dramatic performances which still continue in the 
city. 

Miro was permitted to retire from Louisiana and return to 
Spain in 1791. He had endeared himself to the colonists by 
his kind manners and fine moral qualities and had done much 
to reconcile them with the Spanish Domination.* 

Carondelet. 1792-1797. — Francois Louis Hector Baron 
de Carondelet, like his predecessors, was a colonel in the 
royal army. He was a native of Flanders, and at the time 

of his appointment was governor of 
San Salvador in Guatemala. He is 
described as a short, plump gentle- 
man, somewhat choleric in disposi- 
tion, but not lacking in good 
nature. 

As Miro had done, Carondelet 
tolerated the open disregard of the 
duties imposed upon the Mississij)pi 
trade, and New Orleans was per- 
mitted to stride forward to the com- 
mercial position which her geo- 
graphical situation warranted. Numbers of Philadelphia 
merchants established branch houses in the city, and Ameri- 
cans began to crowd in to fill the lucrative positions daily 
offering. But as before, whenever prosperity seemed most 
assured, events in Europe disturbed it. 

* Miro had a census of the population taken in 17S9, with the following result: 
Total, 31,433, showing a doubling of the population since 1769. 1 he slaves and 
whites were about equally divided; the free colored amounted to iioo; the number 
of Acadians to 15S7. 




BARON CARONDELET. 



140 HISTORY OF LOUISIANA. 

News arrived that the French Republic had been pro- 
claimed, and Louis XVI beheaded ; and with it came the 
declaration of war by Spain against France. 

The Spanish reconstruction had never gone to the hearts 
of the Louisianians, they still were Frenchmen, had never 
ceased to speak their own language, nor to long for an 
opportunity to return to their own nationality, and they had 
been French Republicans in spirit ever since Louis XV 
had thrown them off and abandoned them to the vengeance 
of O'Reilly. They saw now a chance for changing their 
government for one animated by the freedom and progressive 
spirit of the United States, but French in language and 
nationality. One hundred and fifty of them boldly signed a 
petition addressed to the new French Republic, praying to 
be placed under its protection. At the theatre in New 
Orleans, the new French patriotic hymn, the Marseillaise, 
was demanded from the orchestra, and in all drinking saloons 
stirring revolutionary songs were sung. 

Carondelet had another paper signed, in which other 
colonists pledged themselves to the King of Spain, and to 
the present government of Louisiana. The orchestra at tho 
theatre was forbidden to play martial or revolutionary music, 
and revolutionary songs were prohibited on the streets and in 
the drinking saloons, and six of the most violent partisans of 
the Republic were shipped away to Havana. The fortifica- 
tions of the city were strengthened and repaired ; the gov. 
ernor himself going on horseback every morning regularly 
to superintend the work. Fort St. Charles was built imme- 
diately above the city, and another fort, St. Louis, immedi- 
ately below. In front of the principal streets was placed a 
strong battery, which commanded the river and crossed its fire 
with that of the forts. In the rear of the city were three other 
forts: Burgundy, St. Ferdinand and St. Joseph. They were 
smaller than those in front, and connected with a ditch forty 
feet wide and seven deep. With the earth taken out of the 



SPANISH DOMINATION. 



141 



ditch, a parapet, three feet high had been made, protected by 
a palisade twelve feet high. The two batteries at English 
Turn were abandoned. A large fort (St. Philip) was built 
at Plaquemine Turn and a smaller one placed on the 
opposite side of the river. The militia was drilled and 
disciplined. 

These measures had their effect on the colonists immedi- 
ately under the power of Spain, but the agitation outside 
continued unabated. A society of French Republicans in 
Philadelphia circulated an address in Louisiana, calling 
upon their brethren, in the name of Liberty, Equality and 






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icml 



W[ 



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annnoannnQHQ 

L__J I — J L — J 1 — J L_j 1 J lJ LJ [ 1 i .. 1 1 J I J 

/iOLiLJljrDl]QG^LUOi\ 




CITY OF NEW ORLEANS IN 1770. 

Fraternity, to strike a blow against the Spanish despotism 
which enslaved them and join the nations of the free ; prom- 
ising that down the waters of the Ohio would soon come 
abundant help of men and money. The French minister to 
the United States turned his efforts to getting up an expedi- 
tion composed of Frenchmen and Americans, which he pro- 



142 HISTORY OF LOUISIANA. 

posed to lead himself into Louisiana. Profiting by the preju- 
dice against the Spaniards, he gathered a large band on the 
borders of Georgia and even gained a strong party of Indian 
warriors to join the movement. August de la Chaise, a na- 
tive Louisianian (grandson of the royal commissary of 1723), 
was sent to Kentucky to recruit invaders there, who were to 
descend to New Orleans by way of the Ohio and Missis- 
sippi. 

The authorities of the United States, however, firmly in- 
terfered to prevent this violation of international treaty, and 
the governor of Georgia issued a proclamation against the 
proposed use of his territory. De la Chaise, disappointed in 
his hopes, dispersed his force of two thousand men and re- 
tired to France. 

Treaty of Madrid. 1795. — Finally the long pencMng 
negotiations between the United States and Spain drew to a 
close. Spain accepted the same boundary line that, we have 
seen, was agreed upon between His Britannic Majesty and 
the United States in the treaty of 17S3. The free navi- 
gation-of the Mississippi was again stipulated and permis- 
sion given to the people of the United States to use New 
Orleans for three years as a place of deposit for their produce 
and merchandise and to export the same free of all duty ; the 
term of three yeais to be extended at its expiration or another 
place of deposit designated on the island of Orleans. 

Making of Sugar by Etienne de Bore.* — M. de Bore 
had settled on a plantation six miles above New Orleans, on 
the same side of the river, and, like most of the planters in 
Louisiana, had devoted himself to the cultivation of indigo. 
Hurricanes and overflows, however, had much diminished his 
fortune, and in addition an insect had appeared, which attack- 

* Etienne de Bore came of distinguished Norman family. He was born in 1740 
in the Illinois, but was taken at an early age to France. After the completion of 
his education he entered the Royal Mousquetaire or troops of the King's house- 
hold. Alter his marriage he returned to Louisiana and engaged in planting. M. 
de Bor€ was the grandfather of Loui'siana's distinguished historian, Charles 
Gayarre. 



SPANISH DOMINATION. 



143 



ing the indigo plant, soon left it nothing but a bare stem. 
Ruin stared him and the other planters in the face. The 
manufacture of sugar had been abandoned since 1766, as 
impossible in the climate, and only a few now planted cane, 
to be sold as a delicacy in the market or boiled into sugar or 
made into a kind of rum called tafia. Bore determined to risk 

what was left of his fortune 
by one more attempt at sugar 
making. His wife, and his 
friends also remonstrated with 
him. He nevertheless pur- 
chased seed cane, planted and 
got ready for grinding and 
boiling. On the day when 
the rolling was to begih a large 
number of neighbors and 
friends assembled in and 
about the sugar house, watch- 
ing with anxiety the success 
or failure of the experiment. 
" Would the syrup granu- 
late.?" "Would it make sugar or not.?" The moment 
came. The sugar boiler tested again and again. *' It granu- 
lates!" he called out, " It granulates !" " It granulates !" 
tlie crowd in the sugar house repeated. The cry was caught 
up outside and flew from mouth to mouth to the city.* 

Insurrection of Slaves. — But t)ie sugar planters were 
then confronted by what seemed another and more horrible 
ruin. The news of the St. Domingo revolution had pene- 
trated to the large slave population of Louisiana. What had 
been accomplished there, it was thought, might be accom- 
plished here. A conspiracy was formed at Pointe Coupee 
on the plantation of Julian Poydras, one of the wealthiest 
planters of Louisiana, then traveling in the United States. 

*Gayarre, Spanish Dornination. 




ETIENNE DE BORE. 



\44 HISTORY OK l.Ol'lsilANA. 

The plot spread throughout the parish and a day was tixed 
for the t^eneral massacre of the whites. A disagreement as 
to the pioperhour produced a quarrel among the ringleaders 
which led to the betrayal of the plot and their own arrest. 
The negroes rose to the rescue, but were repulsed, and the 
ringleaders were tried, condemned and hanged as a warning 
at various points on the river bank. 

In 1795 another conflagration almost consumed New Or- 
leans, causing even greater tinanci:il loss than the previous 
one. Onlv two stores in the whole city escaped, but fortu- 
natelv the new cathedral, just completed by Don Andres de 
Al monaster, was spared. In order the better to avoid such 
calamities in the future, Carondelet recommended that pre- 
miums be granted to those in New Orleans who should re- 
build with terraced or tiled instead of shingle roofs. 

During the previous year, 1794, the first regular news- 
paper had made its appearance in the city. It was called 
Le Moniteur de la Louisiane. 

Carondelet completed his extensive works in the citv bv 
digging the Canal Carondelet, which connected the city with 
Bayou St. John, giving access to boats from the lake. The 
convict labor and details of slaves contributed bv the plant- 
ers were employed at it. As affording drainage for the city 
and bringing into it wood and small products from the lands 
across the lakes, the canal has more than justified the Baron's 
high expectation of it. In 1796 he established eighty lamps 
for the lighting of the city and gave it regular police protec- 
tion. 

The revolution in France turned at this period a tide of 
emigration into Louisiana most acceptable to the Spanish 
authorities. It was composed of French royalists flying 
from the new Republic. Among the most conspicuous wert? 
the Jklarquis de Maison Rouge, the Baron de Bastrop and 
M. de Lassus de St. Vrain. They proposed plans for 
a large emigr tion of their countrymen and generous 



SPANISH DOMiNATIO.V. lio 

tracts ot land were granted them on the banks of the 
Ouachita.* 

Appointed to a command in Quito, Carondelet left New 
Orleans in the autumn of 1797- He was succeeded by 
Gayo80 de Lemos. 

Gayoso de Lemos Governor. 1 797-1 799. — De Lemos 
governed for two years. 

As like his predecessors, Carondelet had also hoped to 
win the Western States from the (Jnion, he had delayed the 
giving up of the forts Panmure and Walnut Hills, held by 
Spain within the boundaries of the United States. Now 
that all hopes of such a secession from the United States was 
ended by the firm allegiance of the Western people, Gayoso 
evacuated the territory. I General Wilkinson arrived with 
federal troops and took up his headquarters at Loftus' 
Height (Roche h Davion). Don Jose Vidal assumed com- 
mand of the Spanish fort at Natchez. 

The three years fixed by the Treaty of Madrid elapsed and 
a royal order was issued, prohibiting New Orleans as a place 
of deposit and designating no other place in its stead. When 
this became known in the Western States, it caused the most 
intense indignation and an expedition against New Orleans 
was openly advocated. President Adams, obliged by 
popular opinion to make some demonstration, ordered three 
regiments of the regular army to concentrate on the Ohio till 
further orders. Twelve additional regiments were ordered 
by Congress to be raised and other preparations were made 
which seemed to indicate an immediate campaign against 
Louisiana. 

In the midst of the excitement Gayoso died suddenly, and 
Don Francisco Bouligny, colonel of the regiment of Louisi- 
ana, assumed his office. 

•These grants were made on certain conditions which were never complied with 
and a full title was never vested . 

t By act of Congreu, the land ceded w?-s organized into the Territory of 
Miasissippi. 



146 HISTORY OP' LOUISIANA. 

Casa Calvo. 1799-1801. — The Captain General of Cuba 
sent over the Marquis de Casa Calvo to be temporary gov- 
ernor in the colony. ■ 

The government of the United States, instead of proceed- 
ing to armed means for the protection of the rights of her 
citizens, arrested warlike preparations and reopened negotia- 
tions with Spain. The acquisition of New Orleans was the 
only sure guarantee of a final solution of the matter. While 
the negotiations for it were pending, the King of Spain 
revoked the decree against trade and restored to the 
people of the United States a place of deposit in New 
Orleans. 

Salcedo Governor. 1801-1803. — Don Juan Manuel de 
Salcedo, brigadier general in the armies of Spain, arrived in 
Louisiana to relieve Caso Calvo. One of his first measures 
was to send arms and equipments to the militia of the Natch- 
itoches district, in order that they might make a stand against 
an American inroad threatened in that quarter. At the same 
time, his intendant, the Comptroller of Customs, Morales, 
issued a decree forbidding the granting of any land to a citi- 
zen of the United States, and again suspended, by proclama- 
tion, the right of deposit in New Orleans. The news of it 
almost produced a revolt among the Western people; they 
rose and for the last time demanded redress from Con- 
gress. " The Mississippi is ours," they said, "by the law of 
nature. Our rivers swell its volume and flow with it to the 
Gulf of Mexico. Its mouth is the only issue which nature 
has given to our waters, and we wish to use it tor our vessels. 
No power in the woi'ld should deprive us of our rights. If 
our liberty in this matter is disputed, nothing shall prevent 
our taking possession of New Orleans, and when we are once 
masters of it we shall know how to maintain ourselves there. 
If Congress refuses us effectual protection we will adopt the 
measures which our safety requires, even if they endanger 



FROM COLONY TO STATE. 147 

the peace of the Union and our connection with the other 
States. No protection, no allegiance." * 

QUESTIONS. 

Give an account of Miro's administration. Of the importance of 
the Mississippi to the Middle States. Restrictive duties of the Span- 
ish authorities. Effect on the Western people. Inquisition in New 
Orleans. French Revolution, Carondelet's administration. Treaty 
of Madrid. Making of sugar. Administration of Gayoso. Casa 
Calvo. Salcedo. Last demand of Western people for free navigation 
of the Mississippi river. 



FROM COLONY TO STATE. 



CHAPTER XX. 

THE THREE POWERS. 

The first years of this century witnessed some very impor- 
tant events in the history of Louisiana. By these events the 
whole current of affairs was changed. The great territory 
that then bore the name of Louisiana was brought from under 
the Spanish domination and joined to the American Union. 
It must be noticed, however, that the interests of the Louis- 
ianians themselves were not at all consulted. Their country 
was simply a valuable piece of property; two other nations, 
we shall see, sold it for as high a price as they could obtain, 
and in the end the Americans carried off the prize. It was a 
splendid bargain for the United States, and the inhabitants 
of the purchased territory soon found that under the free 
American Government a glorious future was opened before 
them. 

♦Quoted by Gayarre,from Marhois' History of Louisiana. 



148 HISTORY OF LOUISIANA. 

Let us trace the history of these important events. 

Napoleon's Bargain "with Spain. — In the year 1800, 
Napoleon Bonaparte, who was then at the head of the French 
government with the title of First Consul, determined to induce 
Spain to give back Louisiana to France. It was his intention 
to establish once more the power of France in America, and 
to use Louisiana as a point from which he could attack the 
possessions of the English, with whom he was constantly at 
war. 

When he proposed to the King of Spain that the province 
should be ceded back to France, His Catholic Majesty,* who 
had not found Louisiana a very profitable possession, and 
who feared that the grasping Americans might one day tane 
it from him, listened very favorably to Napoleon's proposition. 
He finally declared that he would give up the province, if 
Napoleon would make over to the Duke of Parma, who 
belonged to the royal house of Spain, that part of Italy which 
was called the Duchy of Tuscany. Napoleon promised to 
vomply with this condition, and October i , 1800, a secret treaty 
was signed at St. Ildefonso, of which the third article was as 
follows: "His Catholic Majesty promises and binds himself 
*' to give back to the French Republic, six months after the 
** conditions in regard to Louis, Duke of Parma, have been 
** executed, the colony of Louisiana, with the same boundaries 
*' which it had when it was owned by France, and which it 
*' should have according to the treaties made more recently 
*' between Spain and other States." 

Thus Spain thought she had placed between the Ameri- 
cans and her Mexican possessions a power friendly to her- 
self; if she had dreamed that Napoleon would in a few 
years sell the colony to her American rival, it would never 
have passed out of her hands. 

For more than a year Napoleon kept his bargain with 
Spain a profound secret. His minister was the famous Tal- 

• Thi« wa« th« official titU of the King of Spain. 



FROM COLONY TO STATE. 149 

leyrand, who was very skilful in concealing what he knew and 
in baffling all inquiries. Napoleon had very good reasons for 
pretending that France did not own Louisiana. England had 
a powerful fleet, which was always sailing along the English 
Channel and watching the movements of French vessels. If 
it were known that Louisiana belonged to France, England 
might easily send this fleet across the Atlantic, seize the col- 
ony, and extend her dominion from Canada to the Gulf of 
Mexico. If she made the attempt, Napoleon, who was then 
carrying on extensive wars in Europe, was not at that mo- 
ment able to prevent her. 

Jefferson's Purchase. — In the meantime the Spanish 
governor, Salcedo, still remained in Louisiana, and his in- 
tendant, Morales, ventured to deny to the Western people the 
right of deposit at New Orleans. We saw in our last chap- 
ter how boldly the people of Kentucky protested against this 
action. If the American Government had refused to listen 
to their complaints, they would doubtless have attacked 
the Spaniards and tried to seize New Orleans. But Thomas 
Jefferson, who was then President of the United States, ap- 
preciated the grievances of which the Kentuckians com- 
plained, and resolved to do all that he could to remove them. 

As soon as it was finally known that Louisiana had been 
ceded by Spain to France, he sent over James Monroe (after- 
wards President of the United States), to join Robert R. 
Livingston, United States Minister at Paris, and he instructed 
these two representatives to negotiate with Napoleon for the 
purchase of New Orleans and the right of way to the Gulf. 
But as Napoleon saw that it would not be in his power to 
hold Louisiana against the English, he very shrewdly deter- 
mined to sell the whole country to the United States. He 
would thus prevent England from seizing it ; he would at 
the same time make friends of the Americans ; and he would 
himself obtain a handsome sum to carry on the war against 
the English. Accordingly, therefore, he opened negotiations 



160 HISTORY OF LOUISIANA. 

with the American agents to find out how much they would 
give, not for New Orleans alone, but for the whole of Louisi- 
ana. After long discussions with a French Commissioner 
named Barbe-Marbois, Monroe and Livingston agreed upon 
the sum of eighty million francs (about fifteen million dol- 
lars) as the price that America should pay. The treaty of 
sale was signed at Paris April 30, 1S03. 

Napoleon was highly pleased with the result. " This ac- 
cession of territory," he said, " strengthens forever the power 
of the United States. I have given England a maritime rival 
which will sooner or later humble her pride." His predic- 
tion was fulfilled in the war of iS 12-15, when the American 
vessels won many victories over the English. 

In the United States, Jefferson's purchase was disapproved 
of by some people, but the joy of the Western States car- 
ried everything before it. The result was that in 1804 Jeffer- 
son was re-elected President. 

Spain, very naturally, showed some indignation at Na- 
poleon's bold stroke, and maintained that he had agreed not 
to yield Louisiana to any other nation. But as Napoleon 
disregarded this promise, Jefferson refused to consider the 
Spanish protest. It was then feared that Spain would try to 
prevent the transfer of the colony ; but she afterwards with- 
drew her protest, " asa proof of her friendship for the United 
States." 

Laussat in Louisiana. — We must now return to the 
events in Louisiana. On March 26, 1803, M. Laussat, the 
Commissioner sent over by Napoleon to receive Louisiana 
from the Spaniards, arrived at New Orleans. As the treaty 
of sale with the United States was not signed till a month 
later, Laussat did not suspect that after he had- taken posses- 
sion of the colony, he would be ordered to transfer it to 
another government. 

He was received with proper honors by the Spanish gov- 
ernor, Salcedo, and soon after issued an address, in which he 



FROM COLONY TO STATE. 151 

told the Louisianians that the transfer of their country to 
Spain in 1763 had beeen the act of a weak and corrupt gov- 
ernment, but that the great and magnanimous Napoleon, as 
soon as his victories had given him the power, had hastened 
to restore Louisiana to the care of France. Laussat did not 
know that at this very time Napoleon was bargaining to 
sell Louisiana to the United States at the highest possible 
price. 

Laussat received two addresses in answer to his own. The 
first was from the planters of Louisiana; it was signed by 
Manuel Andry, Noel Peret, Foucher, and many others. They 
expressed the joy they felt in becoming citizens of France ; 
Init they declared that they had no cause to complain of their 
treatment at the hands of the Spanish governors, with the sin- 
gle exception of the cruel Irishman, O'Reilly. " Let the 
"Spaniards, they added, " have the undisturbed enjoyment 
" of all the property they own on this soil, and let us share 
" with them like brothers the blessings of our new position." 
The second address, signed by well known citizens of New 
Orleans, such as De Bore, Fortier, Labatut, and De Buys, 
expressed exactly the same sentiments. Thus the Louisi- 
anians, for the most part, were delighted to be transferred to 
France; but many of them, says Marbois, feared that Na- 
poleon might set free all of the slaves m Louisiana, as he had 
done in St. Domingo, and that the terrible events which had 
taken place on that island might be repeated in their own 
country. This dread of the First Consul's policy was enough 
to lessen their joy in acknowledging the government of 
France. 

Laussat, who had formed great plans for building roads 
and bridges in the colony, and otherwise increasing its pros- 
perity, soon began to hear rumors that Louisiana had been 
ceded to the American Government. Several months, how- 
ever, passed before orders finally reached him that he was to 
receive Louisiana from the Spanish governor, and then hold 



162 



HISTORY OF LOUISIANA. 



himself ready to transfer it to the young American Repub- 
lic. 

France Takes Possession, — On the 30th of November, 
1S03, Laussat proceeded to the City Hall (the old Cabildo), 




CABILDO (supreme COURT BUILDING). 

where he met Governor Salcedo and Casa Calvo, who had 
been appointed to transfer Louisiana to France. The three 
gentlemen solemnly took their seats in the council chamber. 
After the necessary documents had been read, the keys of the 
city were handed over to the representatives of France, 
and Casa Calvo announced that all Louisianians who did 
not wish to withdraw from the colony and live elsewhere 
under the Spanish rule were released from their oath of 
fidelity to His Catholic Majesty. The three representatives 
then walked out on the gallery facing the old Place d'Armes 
(now Jackson Square). In the centre of the square the flag 
of Spain was proudly waving. Since the arrival of O'Reilly, 



FROM COLONY TO STATE. 153 

thirty-four years before, the people of Louisiana had lived 
under this banner. It now descended from its staff amid 
salutes of artillery and the flag of France rose in its place. 
Before many days had passed the French flag was to be re- 
placed by the " Stars and Stripes." As this fact was already 
known, the ceremony that had just taken place was not re- 
garded by the populace with any great enthusiasm, though 
with the fondness for display which has always distinguished 
New Orleans, an immense crowd had assembled to wit- 
ness it. 

When the ceremony was over Laussat issued a proclama- 
tion to the people of Louisiana, which in beautiful and ap- 
propriate words told them of the new destiny that had been 
prepared for them by Napoleon's treaty with America. He 
told them that according to this treaty they would in a short 
time enjoy all the rights and privileges possessed by the citi- 
zens of the United States. He then prophesied that the Mis- 
sissippi would soon be covered with a thousand ships from all 
nations. "Maya Louisianian and a Frenchman," he con- 
cluded, "never meet upon any spot of the earth without 
feeling tenderly drawn to each other, and without saluting 
each other with the title of brother! " 

The old Spanish council was abolished, and in its stead 
Laussat appointed a regular city government. Etienne de 
Bore, the rich and successful sugar planter, was chosen 
mayor, while the council was composed of the follov/ing 
distinguished citizens: Villere, Jones', Fortier, Donaldson, 
Faurie, Allard, Tureaud, and Watkins. Derbigny was the 
secretary, and Labatut the treasurer. As Laussat had no 
troops to protect New Orleans when the Spanish garrison 
withdrew, a number of young Creoles and Americans formed 
themselves into a company and offered their services to guard 
the city. New Orleans was patrolled by these young men till 
the arrival of the United States Commissioners, who were to 
receive Louisiana for the American Government. 



154 HISTORY OF LOUISIANA. 

Rivalry of Laussat and Casa Calvo. — In the meantime 
there was a great deal of rivalry between Laussat and the 
Marquis of Casa Calvo, each trying to outdo the other in a 
series of magnificent dinner parties, given to the chief in- 
habitants of the colony. It was the French Republic vying 
with the Spanish Monarchy. Each representative wished to 
prove how much affection his country felt for the Louisian- 
ians. In a history of Louisiana, by a French traveller named 
Robin, who attended some of these banquets, there is an in- 
teresting description of the guests, and from it we translate 
the following: "The ladies of the colony appear at these 
" fetes with an elegance which is truly astonishing ; the prin- 
" cipal cities of France can offer nothing more brilliant. 
" These ladies are generally tall and dignified. The white- 
" ness of their complexion is set off by light robes orna- 
" mented with flowers and embroidery; so that one of these 
" fetes is like a scene in fairyland. Sometimes as many as 
"four hundred guests are grouped around the tables at sup- 
" per. What a pity," he continues, " that a taste for such 
" pleasures should spread in a new country, which has so 
" much need to practise economy!" 

QUESTIONS. 

Who was Napoleon .'' What bargain did he make ? Give an ac- 
count of Jefferson's purchase. Who was Laussat ? How was his 
address to the people received ? Describe the act of taking posses- 
sion. Describe the banquets of that day. 



FROM COLONY TO STATE. 



loS 



CHAPTER XXI. 



UNDER THE AMERICAN FLAG. 

The American Government Takes Possession. — On 

the 17th of December, 1S03, Wm. C. C. Claiborne, Gover- 
s..^ nor of Mississippi, accompanied 

by General Wilkinson, arrived at 
New Orleans to take possession 
of Louisiana in the name of the 
American Government. The 20th 
instant was chosen as the day of 
the cession. That day, for the 
third time in the memory of a 
generation then living, the people 
of Louisiana, without their feel- 
ings being consulted, were trans- 
ferred from one government to 
another. The Commissioners 
met Laussat at the Cabildo. The 
keys of the city, held by France for twenty days, were now 
presented to Governor Claiborne, and as the " Stars and 
Stripes" ran up to the head of the flagstaff, loud huzzas 
filled the air. These came, it is said, from a group of 
Americans. The rest of the population, who felt that the 
change of government was not an act of their free will, 
showed no enthusiasm. As soon as he had received the keys 
Governor Claiborne arose and addressed the people. He 
congratulated them on becoming citizens of the United States, 
and praised the government which he represented. 

Limits of Louisiana. 1803. — Thus it was that the United 
States came into possession of the great province of Louisi- 
ana. What were the limits of this new purchase .'' They 
embraced more than one million square miles and more than 
ninety thousand inhabitants. The boundaries were about as 




GOVERNOR CLAIBORNE. 



156 



HISTORY OF LOUISIANA. 



follows : On the north, the lower limit of Canada ; on the 
south, the Gulf of Mexico ; on the east, the Mississippi river 
and a line drawn through Bayou Manchac and the lakes to 




the sea ; and on the west, the Rocky Mountains and an 
irregular line running from these mountains to the mouth of 
the Sabine river. On the north and on the southwest the 
boundaries were definitively settled at a later period by 
treaties with Great Britain (I8i8) and Spain (1819). More- 
over, in 1819, Spain sold all Florida to the United States. 
Oregon was not included in the Louisiana purchase ; it was 
acquired afterwards. 

Division of Louisiana. — On March 26, 1804, the Con- 
gress of the United States passed an act for the government 
of the great territory purchased by Jefferson. This territory 
was thereby divided into two parts: first, all that portion 
north of the 33d degree of latitude (the present northern 
boundary of Louisiana) was to be called the District of Lou- 
isiana. The name was afterward changed to the Territory 
of Louisiana, and then to the Territory of Missouri ; hence 
that part of Louisiana will no longer concern us in this his- 



FROM COLONY TO STATE. 157 

tor)', Secondly, "All that portion of the country ceded by 
" France to the United States which lies south of the Missis- 
" sippi Territory, and of an east and west line to commence 
" on the Mississippi river at the 33d degree of latitude, and 
" extending to the western boundary of the said cession, shall 
" constitute a territory of the United States under the name 
" of the Territory of Orleans." We shall see that eight 
years later the Territory of Orleans became the present State 
of Louisiana. 

This new territory was to be under a governor and a legis- 
lative council, both to be appointed by the President of the 
United States. The introduction of slaves from Africa was 
forbidden, and as the inhabitants thought the negroes neces- 
sary for the cultivation of their plantations, this measure 
caused great dissatisfaction. 

Claiborne Made Governor. — On Friday, October 5, 1S04, 
Claiborne * was sworn into office as governor of the new Ter- 
ritory of Orleans. He had just suffered a great domestic 
affliction in the death of his wife and child ; and in his open- 
ing address he touched the hearts of his audience by declar- 
ing that the only happiness left to him would consist in try- 
ing to govern wisely those who had been put under his 
charge. 

Legislative Council. — To assist Claiborne in the govern- 
ment of the Territory, the following council was appointed: 
Julien Poydras, Morgan, Bellechasse, Watkins, de Bore, 
Dow, Cantrelle, Clark, Roman (of Attakapas), Jones, De 
Buys, Kenner, and Wikoff (of Opelousas). The first judges 
appointed were Dominick A. Hall, district judge of the 
United States, with E. Kirby and J. B. Prevost, judge; of the 
Superior Court. 

* Wm. Charles Cole Claiborne was sprung^ from an old Virginia famil^-. In 1793 
he had moved 10 Kast Tennessee, where he held high offices. He was chosen 
iudp:e ot the Supreme Court and member ot Congress In iSoi he was appointed, 
Dy Jefferson, governor of the Mississippi Territory, which position he occupied 
until he was sent to Louisiana by the same President. 



158 HISTORY OF LOUISIANA. 

Discontent of the Louisianians. — Thus the new govern- 
ment had been organized, but there was still a great deal of 
dissatisfaction among the inhabitants. To forbid the impor- 
tation of slaves was a great grievance, but a more serious one 
was that the legislative council was not elected by the people, 
as in the other Territories of the United States. The new 
Governor, moreover, it was declared, was ignorant of the 
manners and customs of the people over whom he was placed, 
and even spoke the French language very imperfectly. The 
discontent reached such a point that four members of the 
council resigned, and Claiborne had to appoint others in their 
places. 

Before this, however, a committee of three — Destrehan, 
Derbigny, and Sauve — had been sent to Washington with a 
memorial, asking that the Territory of Orleans should be 
admitted into the Union as a State, and that the slave trade 
should be continued. These requests were not granted ; but 
Congress passed a bill allowing the Louisianians to elect a 
territorial legislature of twenty-five members ; and this legis- 
lature was permitted to send on to the President the names 
of ten individuals, from whom he should choo"fee a legislative 
council or senate of five members. It was further declared 
that the Territory of Orleans should be admitted as a State 
as soon as the population amounted to 60,000. 

Something had been gained, but neither the native Louisi- 
anians nor the American settlers were satisfied. Was there 
any excuse for such treatment of the Louisianians by the 
Congress of the United States.? Had the American Govern- 
ment not promised that the inhabitants of the Territory 
should be admitted as soon as possible to the enjoyment of 
all the rights and privileges possessed by ttie citizens of the 
United States,'' Why then should the Territory of Orleans 
not be iormed into a State, and the inhabitants permitted to 
choose their own governor and elect their own judges .'* Such 
were the bitter questions asked by the Louisianians. The 



FROM COLONY TO STATE. 159 

only answer of Congress was that the number of inhabitants 
in the Territory was only forty thousand, and that the great 
majority were Frenchmen and Spaniards, who were not yet 
acquainted with the laws and Constitution of the United 
States ; hence it would be wise for Orleans to serve its ap- 
prenticeship as a Territory before being admitted into the 
Union as a " sovereign State." 

This answer did not satisfy the Louisianians, and the 
old newspapers of New Orleans are filled with anonymous 
letters criticising very sharply the American Government and 
its representative, Governor Claiborne. The latter had be- 
come unpopular because he vetoed several bills passed by the 
legislature.* 

Other Causes of Discontent. — From one of Claiborne's 
letters we learn that the trial by jury, to which the Louisian- 
ians had not been accustomed under the Spanish Govern- 
ment, and which was now introduced, was at first very un- 
popular. Moreover, a number ot lawyers crowded into the 
Territory, and, by investigation of the titles to lands, and 
by sharp practice, succeeded in amassing large fortunes and 
gaining the hatred of the people, t Last, but not least, the 
introduction of the English language into the courts of jus- 
tice was a serious cause of discontent. " These courts," 
says Judge Martin, " had interpreters of the French, Span- 
" ish, and English languages. They translated the evidence, 
" and the charge of the judge when necessary, but not the 
" argument of the lawyers. The cause was opened in the 
" English language, and the jurymen who did not under- 
" stand English were then allowed to withdraw to the gal- 
" lery. The argument of the defence being in French, these 
" were then brought back ; and the rest of the jury, if they 
" were .Americans and did not understand French, were al- 

*It was not possible under the territorial government to pass a bill over the 
governor's veto by a two-thirds vote of the legislature. 
t Gayarre. 



160 HISTORY OF LOUISIANA. 

" lowed to withdraw in their turn. AH went together into 
" the jury room — each dechiring that the argument to which 
" he had listened was the best — and they tiually agreed on a 
"verdict in the best manner ihey could." To add to the 
confusion in the courts, the Territory of Orleans was gov- 
erned partly by a set of laws drawn up in imitation of the 
Code of Napoleon,* and partly by the old Spanish laws, 
which very few lawyers understood. 

Governor Claiborne, who appreciated the feelings of the 
people, and hoped that in time these feelings would change 
for the better, bore all the attacks upon himself with patience, 
and tried in every honorable way to draw over to his side 
those that opposed him. He nobly declared that the news- 
papers could not injure him as long as he did his duty, and 
that he believed the freedom of the press should be main- 
tained, even if injustice were sometimes the result. By his 
simplicity and his pleasant manners, Claiborne soon made 
many friends for himself. At first he seems to have dis- 
trusted the old inhabitants of Louisiana, and to have be- 
lieved that in case of war they would prefer the govern- 
ment of France to that of the United States; but gradually 
his opinion changed, and he declared that the great majority 
would, under all circumstances, be loyal to the American 
Government. In the war of iSi3 the conduct of the Creoles 
proved that he was right. 

QUESTIONS. 

Why was Claiborne sent to Louisiana? What was the extent of 
Louisiana.'' How was Louisiana divided? Who was made governor? 
Whv were the people of Louisiana discontented with the new gov- 
ernment? Why did the United States decline to make Louisiana a 
State? Describe the courts of justice. Show the limits of Louisiana 
on map of iSio, and on large map of the State. 

* This Code was drawn up in Trance by order of Napoieon : it was based on 
the Roman law. It is still the lounOalion of oar civil law in Louisiana. 



FROM COLONY TO STATE. 161 



CHAPTER XXII. 



DESCRIPTION OF LOWER LOUISIANA AT TIME OP 
CESSION. 

New Orleans in 1803. — The little city already had over 
8000 inhabitants. They were, for the most part, French and 
Spanish Creoles, but the Spaniards had intermarried with the 
French, and the language of the latter was generally spoken. 
The number of the Americans was increasing daily, and 
many refugees from the island of St. Domingo sought a 
home in Louisiana. Houses were being built with great 
rapidity. Those along the river bank were the most attrac- 
tive. In a desirable street the best stores rented at eighty 
dollars a month.* 

The streets at that time, even the principal ones, were 
almost impassable. There was no paving as yet, and the 
vehicles in rainy weather sank to their hubs. A street was 
generally called by the name of the principal inhabitant, as 
the proper designations were to be found only in the city 
archives. As soon, however, as the Americans took posses- 
sion, there was a change for the better. The streets were 
raised and kept cleaner. Already the city was very prosper- 
ous. The Mississippi was crowded with barges bringing 
down the products of the rich countries above, and the mer- 
chants of New Orleans were growing wealthy. As yet there 
was no Carnival in the winter season, but splendid entertain- 
ments were numerous, and the different classes of society 
were devoted to gayety. 

The Parishes. — When Claiborne became governor of the 
Territory of Orleans, his legislative council divided it into 
twelve settlements, which at first were called counties. These 
were the counties of Orleans, German Coast, Acadia, La- 

* The increase in the value of property at the present day is shown by the fact 
that a fine store now rents at over five hundred dollars a month. 



162 HISTORY OF LOUISIANA. 

fourche, Iberville, Pointe Coupee, Concordia, Attakapas, 
Opelousas, Rapides, Natchitoches, and Ouachita. The limits 
of these divisions were not clearly fixed, and the divisions 
thenf.selves differed very much in size and population. Some 
were three hundred miles in extent, and others only forty- 
five ; some contained ten times as many inhabitants as others. 
Finally, by an act of the legislature, approved March 31, 
1807, the Territory of Orleans was divided into nineteen dis- 
tricts, to which the name of " parishes " was given, from the 
fact that the old Spanish division for religious purposes was 
used as the basis in fixing the boundaries.* In no other State 
of the Union are the counties so named. Since that time it 
has been found convenient, as the population increased, to 
divide still further the larger parishes, and they now number 
fifty-nine, t 

Robin, who visited many of the Louisiana parishes in the 
early part of the century, gives us some idea of the inhab- 
itants and their manner of life. If a traveler ascended the 
river to Pointe Coupee, he saw along the banks rich planta- 
tions, pretty houses, and numerous settlements. In the 
Parish of St. Charles a large number of Germans had set- 
tled as far back as the time of John Law and his " Missis- 
sippi Bubble." They had always been industrious, and 
many of them were now rich. Owning few slaves they fre- 
quently worked their own plantations, and from their gar- 
dens New Orleans was supplied with every kind of vege- 
table. Sixty miles above the city began the " Acadian 
Coast," where the wanderers from Nova Scotia had settled 
more than forty years before. In the early days they had 
been largely supported by supplies from the Government; 

• Ilcnce the names of the Saints in the designation of the old parishes. 

t The 19 parishes of 1S07 were: i. City of New Orleans, 2. St. Bernard, 3. St. 
Cliarles, 4. St. John the Jiaptist, 5. Plaquemines, 6. St. James, 7. Ascension, 8. As- 
sumption, 9. Interior Parish of Lafourche, 10. Iberville, 11. \V. Baton Rouge, 12. 
Pointe Coupee, 13. Concordia, 14. Ouachita, 15. Rapides, 16. Avoyelles, 17. Natchi- 
toches 18. St. Landry, 19. Attakapas, called Parish of St. Martin. Four more 
parishes were added from West Florida at a later period. 



FROM COLONY TO STATE. 163 

but at this epoch they were very prosperous. They raised 
rice and corn, and they owned immense herds of cattle. 
Their lives were very simple, but they were as fond of danc- 
ing parties as they are at the present day. 

At Pointe Coupee, where Julien Poydras owned a large 
plantation, there were many old and aristocratic French 
settlers. They lived in great luxury, surrounded by large 
numbers of slaves, who did all the work. There were hardly 
any taverns along the banks of the river. Indeed, they were 
unnecessary, for a traveler was welcomed wherever he went ; 
and Louisianians were as famous for their hospitality in those 
days as they are at the end of the nineteenth century. 

After passing Pointe Coupee, houses became much scarcer, 
and as one ascended the river, one saw only small settle- 
ments here and there, which were protected from the Indians 
by forts. Above Baton Rouge, on the east bank of the river, 
the inhabitants were, for the most part, Americans. These 
supplied their French friends across the river with slaves and 
all kinds of provisions. Some of them had passed over to 
the west bank and settled the Red river district. In the 
prairies below the mouth of Red river, on Bayous Lafourche, 
Pkquemines, Atchafalaya, and Teche, there were, says Dr. 
Monette, numerous French settlements. In St. Bernard 
parish * and on the Amite river there were many Spaniards, 
who had come over from the Canary Islands during the 
Spanish domination. These were the Islenos or "Islanders." 

Traffic on the Mississippi. — All kinds of craft plied on 
the river, from the cumbersome flat-boat to the swiftly glid- 
•ing pirogue. When they reached New Orleans the flat-boats 
were broken up and the timber sold, it being almost impos- 
sible to haul them back against the current. In ascending the 
stream other boats made use of sails, oars, and sometimes of 
a rope dragged along the levees. The traveler making a trip 

* Named in honor of Bernardo da Galvez, the Spanish governor. 



164 HISTORY OF LOUISIANA. 

up the river usually engaged some Canadians or Indians ai 
oarsmen. What a difference between this method of travel 
and a trip on one of our magnificent steamboats at the present 
day ! 

Chief Products of the Territory in 1803. — The prod- 
ucts of Louisiana at that period seem very insignificant w^hen 
compared with those of our time. For instance, there were 
seventy-five sugar houses in the Territory, and the whole 
yield was only five million pounds, which is equaled by a 
single plantation of to-day. The one sugar refinery of which 
the Territory boasted produced only 200,000 pounds a year, 
and as the process of refining was not well understood, the 
sugar was poor. In his history, Judge Martin tells us that 
only 20,000 bales of cotton were raised,* and that there were 
only 5000 casks of molasses. The prairies of Opelousas and 
Attakapas, however, were covered with great herds of cattle, 
and furnished New Orleans with more fresh meat than could 
be consumed. 

Domestic manufactures hardly existed at this period. The 
Acadians wove their homespun cloth as they do to-day, but 
slavery was unfavorable to the rise of factories. The slaves, 
though skilful enough in the cotton fields, seemed entirely 
unsuited for the cotton factory. 

Indians. — In 1803 there were still a number of scattered 
Indian tribes in Louisiana. On Bayou Vermilion, for in- 
stance, there was a village of Attakapas (man-eaters — so 
called because they were once cannibals). On the Ouachita 
and Red river were found the Caddos and the Choctaws, the 
former tribe still having a force of five hundred warriors. 
The Indians, however, seem to have given very little trouble 
to the whites, who traded with them for skins and other fruits 
of the chase. In fact, the savages were dependent upon the 
whites for the powder and ball they used in their hunting 

* The sugar crop of 1S9T was 492,000,000 pounds, and the cotton crop of Louis- 
iana averages about half a million bales. 



FROM COLONY TO STATE. 165 

expeditions, and they gradually lost their hatred of the "pale- 
faces." It must not be supposed, however, that they had 
been civilized by their intercourse with the white men. Cath- 
olic missionaries from the earliest times had attempted to 
convert them to Christianity, and change their savage dispo- 
sition, but they had met with very little success. The In- 
dians, from theii manner of life and their traditions, were 
neither willing nor able to accept the laws of civilization. 
They possessed, however, many fine qualities, and the story 
of their gradual disappearance in Louisiana has a pathetic 
interest. The Indian women who to-day sell sassafras and 
herbs in the French market are descended from the once 
dreaded tribe of Choctaws ; while those on the Teche, who 
make the wonderful baskets, are all that are left of the Attak- 
apas.* 

QUESTIONS. 

Tell something about New Orleans in 1803. Why are the counties 
in Louisiana called /«;'?'5//e5/' Describe the German, Acadian, and 
French settlements along the Mississippi. Who are the " Islanders ? " 
How was the Mississippi navigated before the day of steamboats ? 
What were the chief products of Louisiana ? Was there any manu- 
facturing ? Who were the Attakapas ? The Choctaws .'' 



CHAPTER XXIII. 

TROUBLOUS TIMES. 

Aaron Burr. — One of the most remarkable men in the 
early part of this century was Aaron Burr. In iSoo he was 
elected Vice President of the United States, and while hold- 
ing this office he fought a duel with the famous statesman 

* A great deal was done for the Indians around New Orleans by the poet-priest, 
Father Rouquette, who devoted his life to this work. He died in iS8^. 



166 HISTORY OF LOUISIANA. 

Alexander Hamilton, in which the latter was killed. Some 
time after this Burr made a journey through what was then 
called the Western Country. His manners were very attrac- 
tive, and he made many friends among the prominent men 
of the time. To some of these he seems to have confided 
his reasons for traveling in the West, but the exact purpose 
of his journey has never been discovered. Burr purchased 
300,000 acres of land on the Red river, and he afterwards 
declared that his only intention was to settle this vast planta- 
tion. But when, in 1806, his secret agents were to be found 
in Louisiana and Kentucky, it began to be whispered around 
that Burr was a daring conspirator. His design, according 
to some, was to invade Mexico and make himself master of 
that country. Others declared that he intended to separate 
the Southern and Western Country from the Union, and, 
seizing New Orleans, make this city the capital of a new 
Union. 

General Wilkinson, who was commander ot the United 
States troops in the South, threw New Orleans into a state of 
defence, and arrested by military orders several of Burr's 
agents, who were stirring up trouble in the city. All of this 
caused the greatest excitement in New Orleans. Troops pa- 
trolled the streets, and Wilkinson felt justified in suspending 
the writ of habeas corfus — that is, he arrested suspicious 
persons and refused to surrender some of them when he was 
ordered by the courts to do so. This high-handed conduct 
stirred up a violent opposition to him, for the people thought 
that the laws were sufficient to protect the city. 

In the meantime, however, Thomas Jefferson, President of 
the United States, having been informed of Burr's strange 
conduct, had issued a proclamation against him, and in 1807, 
while Burr was passing through the Mississippi Territory, 
with one hundred men in his train, he was discovered. He 
gave himself up, but afterwards escaped. A reward of two 
thousand dollars having been offered for his arrest, he was 



FROM COLONY TO STATE. 167 

captured and sent on to Richmond for trial. No act of trea- 
son, however, could be proved against him, and he was 
released. All the excitement that he had caused was soon at 
an end. 

College and Schools. — As early as the year 1805 a college 
was opened to students in New Orleans. It was situated 
near the corner of Hospital and St. Claude streets, and was 
called the College of Orleans. For twenty years it offered 
courses of instruction to the young men of that day. One of 
the most distinguished of its students was the Honorable 
Charles Gayarre, the historian of Louisiana.* 

Some years later, at the suggestion of Governor Claiborne, 
public schools were established in the different parishes, but 
so little money was given for their support that, except in 
the parish of Pointe Coupee, they did not flourish. There 
were, however, a number of private schools in New Orleans, 
which were well attended. It was not till a good many years 
later that the importance of popular education was more 
fully recognized, and larger appropriations were made for 
the public schools. 

Revolt of the Baton Rouge District. — All West Flori- 
da — that is, the district north of Lake Pontchartrain, east of 
the Mississippi, south of the 31st degree of latitude, and 
west of the Perdido river f — was claimed by the United 
States as part of the Louisiana Purchase. But Spain refused 
to give up this district, declaring that she had never yielded 
it to France, and that therefore France could not have sold 
it to the United States. Hence Spanish garrisons were still 
kept at Baton Rouge and Mobile. The inhabitants of the 
Baton Rouge district were largely Americans, who had 
come from Mississippi and Ohio. They disliked the govern- 
ment of Spain, and, as early as 1805, they had tried to seize 
the fort at Bator? Rouge and expel the Spaniards ; but the 

* Alc6e Fortier, in " Memoirs of Louisiana." 

t Th« Perdido is the present western boundary of Florida. 



168 HISTORY OF LOUISIANA. 

garrison was on the alert, and the attempt failed. In the 
year 1810, however, the inhabitants determined to make an- 
other attempt. One hundred and twenty men were coltected, 
and, under Captain Thomas and Captain Depassau, they 
marched upon Baton Rouge. The Spanish garrison con- 
sisted of one hundred and fifty men. The Americans at- 
tacked with great spirit, and the Spanish commander, Col- 
onel de Grandpre, was shot down at the head of his soldiers. 
Twenty prisoners were taken, and four of the garrison were 
wounded ; but the majority made good their escape. 

The Americans then held a convention at Baton Rouge, 
in which they declared the v/hole territory of West Florida 
to be *' a free and independent State." At their request the 
President of the United States took the new State under his 
protection. That portion of it, however, which lay east of 
Pearl river, was left in the power of Spain until 1813, while 
the Baton Rouge district, as we shall see, was added to 
Louisiana. Its inhabitants, by a daring feat of arms, had 
won their independence, but they were well satisfied to have 
their destiny joined to that of Louisiana. 

Slave Insurrection. — The year iSii was long remem- 
bered on account of a dangerous uprising of the negroes in 
the parish of St. John. Five hundred of them formed a plot 
among themselves to march upon New Orleans, burning the 
plantation houses on their way and forcing all the slaves they 
met to join them. They provided themselves with weapons, 
and as they proceeded down the banks of the Mississippi 
with flags flying and drums beating, they chanted wild songs 
that filled with dread the hearts of the unprotected planters. 
A number of white people were put to death, but the great 
majority were warned in time, and fled to places of safety. 
As soon as the news reached New Orleans, the militia and 
the United States troops, under General Wade Hampton, 
were ordered out, and when they met the blacks, the latter 
were soon dispersed. Many of the ringleaders were con- 



lUOM COLOXY TO STATE. 169 

demned to death, and their heads placed on lofty poles along 
the Mississippi — a dreadful warning to those who might 
attempt the same thing in the future. It is said that old ne- 
groes still living in Louisiana tell the story of this slave 
insurrection as they heard it from their fathers. 

QUESTIONS. 

Who was x\aron Burr? Why was he arrested? What was the first 
college in Louisiana? Describe the revolt of the Baton Rouge dis- 
trict. Slave insurrection. 



CHAPTER XXIV. 

LOUISIANA ADHITTED AS A STATE. 

Before Congress. — The same year (1811) permission was 
received from the Congress of the United States to call a 
convention in the Territory of Orleans for the purpose of 
drawing up a constitution. The Territory, which now had 
more than seventy-five thousand inhabitants, was at last to be 
admitted into the Union as the State of Louisiana. This 
permission, however, had not been obtained without some 
difficulty. When the ques;tion of admission was brought be- 
fore Congress, it provoked nearly as much discussion as it had 
in former years. Many members declared that the Territory 
of Orleans was almost a foreign country, and should not en- 
joy the same privileges as the original thirteen colonies- The 
inhabitants, it was said, were largely Spaniards and French- 
men, and if they were permitted to send representatives to 
Congress, these representatives would interfere with the rights 
of the Atlantic States. There could be no sympathy, it was 
declared, between the people of Louisiana and the inhabi- 
tants of the North and the East. Josiah Quincy, of Massa- 



170 HISTORY OF LOUISIANA. 

chusetts, went so far as to say that if Louisiana were admitted 
into the Union the rest of the States would be justified in 
withdrawing from that Union, " amicably if they could, 
violently if they must." 

The Convention. — In spite, however, of this bold lan- 
guage, the bill passed, and the constitutional convention 
met at New Orleans, November 4, 1811. Members came 
from the whole Territory of Orleans, but not from the Baton 
Rouge district ; for this district had not yet been added by 
Act of Congress. 

The president of the convention was Julien Poydras, the 
rich planter of Pointe Coupee. By the 22d of January, 1S12, 
the new constitution had been prepared, and being duly for- 
warded to Washington, it received the approval of Congress. 
Under this constitution Louisiana was admitted into the 
Union by Act of Congress, April 8, 1S12, and the Baton 
Rouge district, as far as Pearl river, having been added a few 
days later, the boundaries of Louisiana were fixed as. they 
stand at the present day. 

Claiborne Elected Governor o'f the State. — According 
to the new constitution, the governor was to be chosen by the 
people, instead of being appointed by the President. The 
two candidates who received the highest number of votes 
were Wm. C. C. Claiborne and James Villere, the son of 
the patriot that lost his life during O'Reilly's administration. 
As Claiborne had a larger number of votes than Villere, he 
became governor of the new State. This was certainly a 
high compliment to his services. He had been governor of 
the Territory for eight years, and now, by the choice of the 
people, he was once more raised to that high office. By his 
sterling integrity he had withstood all the attacks of his ene- 
mies and defeated all their plans. 

The first secretary of state was L. B. Macarty, a member 
of a distinguished-Louisiana family. There was no lieuten> 



FROM COLONY TO STATE. 171 

ant-governor in Louisiana till a new constitution was framed 
in 1845. 

The First Steamboat. — On the loth of January, 1812, 
New Orleans was thrown into a great state of excitement by 
the announcement that a steamboat had arrived at the levee. 
It was the first ever seen on the Mississippi. Up to this time 
nothing had been known on Western waters except flat-boats, 
barges, and lighter craft. But Robert Fulton, who some years 
before had built a steamboat to run between New York and 
Albany, now drew the model of a second one to ply be- 
tween Natchez and New Orleans. It was one hundred and 
sixteen feet long and twenty feet wide, and cost thirty-eight 
thousand dollars. When this new kind of vessel left Pitts- 
burg and glided down the Ohio into the Mississippi, won- 
dering crowds gathered along the banks and predicted that 
it would never be able to ascend the swift current. The only 
cabin passengers were N. J. Roosevelt, who was one of the 
owners, and his wife. At Cincinnati, Louisville, and Natchez 
the voyagers were received with great rejoicings. 

The trip, however, was not without its dangers. Once 
the vessel caught on fire and came near being consumed. 
Moreover, during the latter part of the year iSii, the chan- 
nel of the Mississippi was considerably changed by severe 
earthquake shocks, many of which occurred while the boat 
was making the trip ; and several times the voyagers made 
narrow escapes from immense trees which were hurled into 
the stream by these sudden movements of the earth. No 
serious accident, however, occurred, and the "New Orleans," 
as the vessel was named, arrived safely at the Crescent City. 
The actual time from Pittsburg was only 259 hours, which 
was considered a very quick passage in those days. 

The success of this steamboat made a great change in the 
development of the whole Western country. Cotton and other 
products began to come down the river in vast quantities, 
and New Orleans sent back all kinds of supplies. After the 



172 HISTORY OF LOUISIANA. 

war, which now broke out, was over, the Crescent City pros- 
pered as it had never prospered before.* 

QUESTIONS. 

Why did the Northern Congressmen still object to having Louisiana 
made a State? When was Louisiana admitted as a State? Who was 
made governor, and how was he chosen? Describe the first trip of 
the first Mississippi steamboat. Tell some of the changes made by 
the use of steamboats. 



WAR OF 1812-15. 



CHAPTER XXV. 
BEFORE THE LOUISIANA CAflPAIGN. 

Causes of the War. — The Act of Congress making 
Louisiana a State had not been approved more than a few 
months when the United States declared war against Great 
Britain (June i8, 1812). The principal cause of the war 
was this: Great Britain had determined to crush Napoleon 
Bonaparte, and as she needed sailors to man her ships, she 
had boarded some nine hundred American vessels on the 
high seas and impressed into her service several thousand 
American sailors. It was claimed that these sailors had 
been born in England, and that "once an Englishman" 
meant "always an Englishman ;" but a great many of them 
were citizens of the United States and our Government deter- 
mined to put a stop to these unjust seizures. 

The First Years of the War. — For two years the war 



• It is related that an old negro at Natchez, when he saw the " New Orleans" 
stemming the current, exclaimed : "Ole Mississippi got her massa dis time." See 
Claiborne's History ot Mississippi. 



WAR OF 1S12-15. 173 

went on without any decisive battle on either side. The 
British marched up to Washington and burned the Capitol ; 
but on the sea the Americans met with brilliant success, and 
a large number of British vessels were sunk or captured. 
This was what Bonaparte had predicted, and he doubtless 
heard with great pleasure the news of our victories. In 
1814 the English decided to attack the United States on the 
north through Canada and on the south through New Or- 
leans. In September of the same year the northern army 
was defeated by the Americans, and forced to return to Can- 
• ada. Another army and a fleet, however, had already 
been sent to Florida, with the intention of attacking New 
Orleans. Thus the seat of war was transferred to the Gulf 
of Mexico. 

Fort Bowyer and Pensacola. — The commander of the 
American forces in the South was General Andrew Jack- 
son,* who was destined to be the hero of the Battle of New 
Orleans. The first hostile movement of the British vessels was 
against Fort Bowyer on Mobile Point ; but Major Lawrence, 
who was in command of the fort, repulsed the attack so suc- 
cessfully that they retired to Pensacola, at that time in the 
possession of Spain. Jackson marched against Pensacola, 
and forced the English to withdraw from the town. Then 
hastening to the defence of Louisiana, he arrived in New 
Orleans December i, 18 14. 

John and Pierre Lafitte, the Smugglers. — The British 
had hoped that their designs against New Orleans were un- 
known to the Americans. But as early as September 5th of 
this year (1814), John Laffitte had warned Governor Clai- 
borne of the approaching army and naval forces. As this 
Laffitte played an important part in the conflict, we must in- 
quire who he was. 

♦Jackson was born in North Carolina, March 15, 1767. He was not well edu- 
cated, but possessed great natural ability. Brave and skilful in war, he always 
won the confidence and affection of his soldiers. He was twice elected President 
.of the United States, but he did not prove himself a wise statesman. 



174 HISTORY OF LOUISIANA. 

On the southern coast of Louisiana lies a beautiful little 
island called Grande Terre, Just behind this island is Lake 
Barataria, which forms one of the safest harbors west of the 
Mississippi. On the inner coast of Grande Terre we find oti 
the old maps of Louisiana one spot marked as " Smuggler's 
Anchorage." For some years before the Battle of New Or- 
leans this spot was the favorite haunt of a number of desper- 
ate men, who brought rich prizes into their little harbor and 
defied the revenue laws of the United States. Whether they 
were sailors who fitted out privateers under the flag of Car- 
thagena to seize the rich vessels of Spain, or whether they 
acted on their own account as pirates, has been disputed. It 
is certain, however, that they were smugglers, and that they 
established a kind of auction exchange at Grande Terre, 
where they sold their rich goods to any one that dared to 
come and buy them. They even sent fine stuffs to New Or- 
leans, and disposed of them through some of the merchants, 
who were induced by the large profits to violate the laws. 
The rules of the Spanish custom house had been so strict 
that many people of New Orleans had fallen into the bad 
habit of regarding smuggling as an innocent occupation. The 
most prominent of these Baratarian smugglers were Pierre 
and John Lafitte. The two brothers had come from France, 
and had opened a blacksmith shop on St. Philip street in 
New Orleans. Soon growing weary, however, of following 
this slow road to wealth, they betook themselves to Grande 
Terre, where, amid the dark bayous overhung with Spanish 
moss, they became chiefs of "a rebellious clan." Their 
swift vessels would dart out into the open sea, capture a 
Spanish ship laden with rich goods, and bring it into the bay, 
where the cargo, which cost them nothing, except perhaps a 
5ittle bloodshed, would be sold at a price far below its value. 
It was as wild and fascinating a life as Robin Hood used to 
lead in the forests of England, when every man was a law 
unto himself. 



WAR OF i8i2-:5. 175 

The Governor of Louisiana, who strongly objected to these 
constant violations ot the law, declared the inhabitants of 
Barataria to be pirates and outlaws ; but for some years no 
serious attempt was made to break up this nest of evil-doers. 
On one occasion the Lafittes were tried for introducing con- 
traband goods, but they boldly employed Livingston and 
Grymes, two of the most famous lawyers in New Orleans, to 
defend them, and nothing was proved against them.* 

Finally Pierre Lafitte was arrested on another charge and 
thrown into the calaboose in New Orleans. After remaining 
there awhile he escaped in some mysterious way, and was 
soon back at Lake Barataria. During his absence important 
events had been taking place at Grande Terre. 

The British Visit John Lafitte. — Colonel Nichols, who 
was commanding the British forces, sent one of his officers 
with a letter to "Mr. Lafitte, Barataria." It was dated 
August 31, 1S14, and proved to be an offer from the British 
commander to take Lafitte and his company into the English 
service. "If you will join us with your men and vessels," 
said the letter, "you shall have a large sum of money, and 
" the rank of captain. After the war is over you and your 
" followers will receive large estates as a reward." 

In order to gain time to warn Claiborne of the approach- 
ing danger, Lafitte asked for two weeks to consider the 
matter. This was granted, though the British officer begged 
him to decide immediately. " Your brother," said he, " has 
" been put in irons by the American Government ; you your- 
" self have been declared an outlaw. Why not aid the 
" English to fight against a government that has treated you 
" so unjustly .''" 

Lafitte Writes to Claiborne. — But Lafitte secretly sent 
off to Claiborne a full account of the British plans, and asked 

* The lawyers were to receive ten thousand dollars each for their services, and 
Grymes ventured down to Barataria to collect the lees. He was well received, and 
the money was promptly paid. See Gayarrc, in Mag. Amer. Hist. 



176 HISTORY OF LOUISIANA. 

permission to serve his adopted country against the enemy. 
As a sign of his repentance he described himself as a stray 
sheep that wished to return to the fold. It was about this 
time that Pierre Lafitbe escaped from prison, and when lie 
reached Grande Terre he also wrote to a gentleman in New 
Orleans, approving what his brother had done, and asking 
to be taken into the service of Louisiana. No answer was 
sent to these letters, and the Lafittes kept the English officer 
waiting until he began to suspect some snare, and sailed 
away. 

Expedition Against the Lafittes. — In the meantime 
Claiborne had called a council of officers (General Jackson 
had not yet arrived) to decide whether the smugglers should 
be pardoned and taken into the American service. The ma- 
jority of the officers voted to have no friendly communication 
with the Lafittes. Therefore, instead of returning a favora- 
ble answer, a body of troops under Commodore Patterson 
was sent to break up the settlement at Barataria. The expe- 
dition was successful and a large amount of rich booty was 
seized. The two brothers, however, escaped to the German 
settlement on the Mississippi, whence they afterwards fled to 
Last Island, which lies south of Terrebonne parish. 

Lafitte Visits Jackson. — When General Jackson arrived 
in New Orleans, John Lafitte paid him a visit, and again 
offered his services and those of the other Baratarian outlaws. 
The stern Central had once declared that the Lafittes were a 
set of bandits with whom he would have no dealings. But 
now that he found himself face to face with the daring out- 
law, he seems to have been won over by his manly bearing 
and his attractive manners. Jackson liked a brave man, and 
he knew that he needed every one he could find to defend the 
city of New Orleans. So he accepted the services of the 
Baratarians. Some of them were placed at the forts on the 
Rigolets; others at Fort St. Philip; while Captain Domi- 
nique (who afterwards lived for many years in New Orleans), 



WAR OF 1S12-15. 177 

commanded an important battery on the field of Chalmette. 
Everywhere that they were placed the Baratarians fought 
like tigers. Jackson himself admired their courage so much 
that, it is said, he never failed to stop and chat with them 
wherever he saw them. 

QUESTIONS. 

What was the cause of the war of 1S12? What happened during 
the first years of the war? Who was Andrew Jackson? How did the 
English begin operations in the South? Who were the Lafittes? 
Why did Lafitte write to Claiborne? Tell of the expedition to Bara- 
taria. What was the result of Lafitte's visit to Jackson? Find Bara- 
taria Bay on large map of Louisiana. 



CHAPTER XXVI. 

THE BRITISH IN LOUISIANA. 

Jackson in New Orleans. — We have seen that Jackson 
reached New Orleans December i. Governor Claiborne 
had already been very active in organizing the militia to meet 
the British invasion. His proclamations had stirred the 
patriotism of the people, and every one was ready to do his 
duty.* As Louisiana had become a self-governing State, 
all classes felt that they had a common interest in protecting 
her. It was soon seen that Jackson was the right man to 
defend New Orleans. Though his constitution was weak- 
ened bv constant sickness, his energy was untiring. He 
seemed to rise above bodily weakness by means of his in- 
domitable spirit. Wherever he went he inspired the inhab- 

*The following' incident is given by Major I^atour, who served under Jackson : 
"Madame Bienvenu, a rich widow of Attakapas, after sending lier four sons to the 
defence of their State, wrote to Governor Claiborne that she reeretted having no 
other sons to offer her country, but that if her services in taking care ot the 
wounded should be thought useful, notwithstanding her advanced age and thearsat 
distance of her residence, she would hasten to New Orleans." 



178 HISTORY OF LOUISIANA. 

itants with confidence. "The streets," says Latour, "re- 
sounded with Yankee Doodle, the Marseilles Hymn,* and 
other martial airs, while those who had long been unaccus- 
tomed to military duty were polishing up their arms and 
preparing for battle. The women of New Orleans pre- 
sented themselves at the windows and balconies to applaud 
the troops in their evolutions and to encourage their hus- 
bands, sons, fathers, or brothers to protect them from the 
insults of the enemy." 

On the day of his arrival Jackson reviewed the militia 
companies of Creoles and Frenchmen, and declared that he 
was much pleased with their appearance and manoeuvres. 
Besides the white companies, two battalions were formed of 
the " free-men-of-color," who were put under distinguished 
white officers, and who were afterwards highly complimented 
by Jackson for their bravery. 

Defences. — With many hundred miles of sea coast, Lou- 
isiana was almost without defences ; for the various forts 
were in a bad condition. However, Jackson strengthened, 
as best he could. Fort St. Philip, Spanish Fort, and a fort 
on the Rigolets called Petites Coquilles (now Fort Pike). 
There was not enough ammunition, and arms were so scarce 
that he ordered private houses to be searched for fowling- 
pieces. At his suggestion, moreover, an order was given 
that all the bayous leading into the interior should be closed 
with logs or other obstructions, so that the English vessels 
could not pass. Unfortunately one important bayou was 
neglected, and the consequences were very serious. 

Battle of Lake Borgne, December 14, 1814. — To pro- 
tect the entrance to Lake Pontchartrain, there were on Lake 
Borgne five United States gunboats. These were under 
Lieutenant Thos. Ap Catesby Jones, and were armed with 
twenty-three guns and one hundred and eighty-two men. As 
soon as Jones saw the English fleet approaching from Ship 

*The national hymn of France. 



WAR OF 1812-15. 179 

Island, he deeided to retire towards the Rigolets. But when 
he reached a point about fifteen miles off, he found the water 
so low that he had to cast anchor and await the enemy. The 
British sent against him a little fleet of forty-five barges and 
launches, armed with forty-three cannon and more than one 
thousand men. Though this force was far superior to his 
own, Jones made a fierce resistance, and many of the enemy's 
barges were sunk. But finally he himself was wounded in 
the shoulder, and the British, boarding the gunboats, cap- 
tured them all. Their loss, however, was about three hun- 
dred, while the Americans had only ten killed and thirty-five 
wounded. 

Martial Law. — The report of this disaster reached Jack- 
<«on on the following day, and having heard that there were 
some British spies in New Orleans, he promptly declared 
the city to be under strict martial law. This meant that the 
city was to be controlled by the military orders of the Gen- 
eral himself. Such a regulation was doubtless necessary at 
the time, but it will be seen that trouble grew out of it later 
on. 

Landing of the British. — After the battle on Lake 
Borgne, the British decided to land some of their forces and 
march towards New Orleans. As they knew that their army 
was twice as large as that of the Americans, they expected 
to meet with very little resistance, and they actually imagined 
that the Creoles would come over to their side. We shall 
soon see what a mistake they made. 

Bayou Bienvenu, leading from Lake Borgne to the plan- 
tations just below the city, had for some unknown reason 
been overlooked by the Americans, and there were no ob- 
structions at its mouth. Some Spanish fishermen, who lived 
near by, doubtless acted as guides to the invading forces. 
About sixteen hundred men and two pieces of artillery were 
landed and placed in barges, which were, silently rowed up 
the bayou. General Jackson had sent out some pickets to 



180 HISTORY OF LOUISIANA. 

watch the movements of the enemy, but these, being taken 
unaware by the British, were all captured except one who 
escaped through the marshes. 

The British had never before seen a Louisiana marsh. As 
they gazed around upon the tall reeds and the "trembling 
prairies," with no human being and no dwelling in sight, 
they declared that they had never beheld a more desolate 
country. It was just the kind of country, however, that they 
needed to conceal their movements. Their plan was to reach 
solid ground and then send the boats back for reinforcements 
from the ships. So during the morning hours of December 
23rd they rowed up the bayou until they came to General 
Villere's plantation, about nine miles from New Orleans. 
Sending out detachments, they surrounded Villere's house and 
captured two of his sons, who were stationed there with some 
troops. The elder of these. Major Villere, jumped through 
a window, and though he was fired at several times, he es- 
caped, and was one of the first to inform Jackson of the 
enemy's approach. 

The British now marched towards the river and camped 
on Villere's and LaRonde's plantations, within nine miles of 
the city. They took their time, for they felt confident of 
capturing New Orleans whenever they chose to advance. 

They then drew up a proclamation, which was signed by 
the British commander, and copies of which were posted on 
all the fences. It was in these words: "Louisianians, re- 
" main quiet in your houses. Your slaves shall be preserv(;d 
" to you and your property respected. We make war only 
" against Americans. " This proclamation excited nothing 
but indignation among the Creoles ; they were more deter- 
mined than ever to show the British that they were not trai- 
tors, but patriots. 

Jackson Marches to Meet the Enemy. — General Jack- 
son was quietly sitting in his headquarters at New Orleans 
vwhen Major Villere and two other gentlemen came rushing 



WAR OF 1812-15. 181 

Jn to inform him that the British were approaching. When 
the General heard this news, it is said that he started up, and 
striking the table with his fist, cried out: "By the Eternal, 
they shall not sleep on our soil." As we shall see, no British 
soldier closed his eyes that night. 

All the available troops under Jackson's command were 
ordered to march out to meet the enemy. The General took 
a position in the lower part of the city, where the mint now 
stands, to see the battalions go by. The right, composed of 
eight hundred and eighty-four men, was to be commanded 
by Jackson himself. Then came Major Plauche's battalion 
of Frenchmen and Creoles ; next, the free-men-of-color under 
Major D'Aquin, and next, the left, under General Coffee, 
which was composed of Tennesseeans, Mississippians, and 
the Orleans Rifle Company. 

Jackson's whole force was only two thousand, one hun- 
dred and thirty-one men. 

Commodore Patterson, of the United States navy, was or- 
dered by Jackson to let two gunboats, the Carolina and the 
Louisiana drop down the river and bombard the enemy. 
As there was little wind, the Louisiana^ which was a heavy 
vessel, could not be steered ; and so the Carolina^ which was 
much lighter, sailed down alone and took up her position op- 
posite the British camp. 

In the meantime it had grown dark, and when the British 
saw the Carolina they thought she might be one of their own 
cruisers, and hailed her from the levee. All at once they 
heard some one on board cry: " Give them this for the honor 
of America! " Then the guns flashed out, and a deadly hail 
of shot swept over the British camp, and in ten minutes cov- 
ered the ground with dead bodies. Those who were able, 
rushed to take refuge under the levee, where they lay for an 
hour shivering in the dark, but afraid to move. 

Suddenly the rapid firing of the pickets informed the Eng^ 
lish that the Americans were attacking them on the land side. 



182 HISTORY OF LOUISIANA. 

Rushing to their arms, they defended themselves as best they 
could. At first there was a thick fog, and the contest was 
almost in the dark, but the moon, then in her first quarter, 
afterwards gave a feeble light. The fighting lasted from 7 
o'clock till 9:30. 

During the battle the English landed and brought up addi- 
tional troops till they had about five thousand on the field. 
Both sides fought with great bravery, but the advantage re- 
mained with the Americans. The English fell back to their 
camp, where they passed the night under arms. Jackson, hear- 
ing that large reinforcements of the enemy had come up, 
stopped his men. His loss in killed, wounded, and prisoners 
was two hundred and thirteen, while the English lost ovet 
four hundred. For the most part it was a hand-to-hand con- 
test. An English officer, who afterwards went over the field, 
declares that in some places he found two soldiers lying dead 
together, each pierced with the other's bayonet. 

Jackson was seen in the very front of the battle, exposing 
himself to every danger, and exhorting his men until their 
courage rose to the level of his own. 

This bold attack on the British saved New Orleans. If 
the enemy had been allowed to march forward with their 
large army, Jackson would not have had time to build the 
fortifications necessary to resist them. But after the battle 
of the 23d of December, the British, seeing that the way was 
not open and that the Creoles would not join them, did not 
venture to advance till they had received large reinforcements. 

QUESTIONS. 

Tell about Jackson's arrival in New Orleans. How did he defend 
the city? Describe the battle of Lake Borgne. What is martial law? 
Describe the landing of the British. Describe the battle of Decem- 
ber 23. 



WAR OF l8 12-15. ^^^ 

CHAPTER XXVII. 
THE BATTLE OF NEW ORLEANS. 

Preliminary Skirmishing. — Jackson now fell back two 
miles nearer the city and fortified the Rodrigues canal on 
the plain of Chalmette. The English spent the next few days 
in bringing up more troops, landing heavy artillery, and pre- 
paring for a vigorous campaign. This delay was fatal to 
them, for it gave Jackson time to build those terrible breast- 
works which the English long remembered. 

Until the 35th instant, the British had been commanded 
by General Keane ; but on Christmas inorning the army was 
delighted by the arrival of the commander-in-chief, Sir Ed- 
ward Pakenham, brother-in-law of that famous Duke of 
Wellington who, some months later, was to overthrow Na- 
poleon at Waterloo. 

The Louisiana^ the other American war ship, had now 
di"opped down the river and anchored above the Carolina. 
As these two vessels rendered any advance very dangerous, 
Pakenham's first step was to attack them. Bringing up his 
artillery, he threw red-hot shot at the Carolina until she 
took fire and blew up. The crew, however, escaped, and 
\\\Q Lotiisiana^ finding herself in danger, succeeded in sailing 
up the river. 

On the 27th of December the British troops advanced once 
more as if to attack the breastworks that Jackson was com- 
pleting along the Rodrigues canal. But it was a useless at- 
tempt ; for the American batteries poured a heavy fire into 
their ranks and forced them to retire. 

On the 31st instant, Pakenham threw up embankments in 
front of the American lines, and having placed his heaviest 
artillery, he prepared to silence the American guns. The 
morning of January i, 1815, dawned upon a thick Louisiana 
fog ; but as soon as the mist cleared away both sides began a 



IW 



HiSTOav Or :^ol';s;ana- 



^^-^.f^ 

^icS^-%^% 




WAR OF 1813-15. 185 

tremendous cannonading, which was continued till late in the 
afternoon. The Americans proved themselves so much more 
skilful in the use of artillery that the English despaired of 
overcoming them by this method of fighting. Nearly all the 
British batteries were silenced. 

Arrival of the Kentuckians. — On January 5th the Ken- 
tucky militia arrived in Xew Orleans, and were put under 
the command of Major-General John Thomas. These troops, 
however, as well as many soldiers from other States, were in 
want of proper clothing to protect them from the intense 
cold and the rains of the month of January. " The Legisla- 
" ture of Louisiana," says Latour in his history, "voted six 
" thousand dollars, and this amount was increased to sixteen 
" thousand dollars by the private subscriptions of the New 
" Orleans Volunteers and the inhabitants of Attakapas and 
" the German Coast. With some of this money blankets 
" were bought, and the ladies of New Orleans quickly made 
" them into clothes. The rest was expended in the purchase 
" of shoes, mattresses, and other necessities, till all the needy 
" soldiers were well provided." In this noble way did Lou- 
isiana show her gratitude to those who had come to her de- 
fence. 

Preparations for the Fight. — The Sth of January was 
the day chosen by the British to decide the fate of New Or- 
leans and Louisiana. From the first of that month to the 
seventh they had busied themselves in digging out and ex- 
tending Villere's canal till it reached the Mississippi. It was 
Pakenham's intention to transport a body of troops on barges 
through this canal and land them on the opposite bank of the 
river. Colonel Thornton, who was put in command of these 
troops, was directed to cross the river before day on the 
morning of January 8, seize the American batteries on the 
right bank, and turn them against Jackson's lines as soon as 
Pakenham's army advanced. Unfortunately for Thornton, 
his barges stuck in the heavy mud of the canal, and when he 



186 HISTORY OF LOUISIANA. 

reached the other bank with six hundred men, day had 
dawned and he was too late to render any assistance to 
Pakenham. 

Jackson's Line. — Jackson's breastworks, which were one 
mile long, extended from the Mississippi back to a cypress 
swamp. They were thrown up behind an old mill race, or 
canal, which separated the plantation of Rodrigues from that 
of Chalmette.* At first some bales of cotton had been used 
to strengthen portions of the embankment, but this inflam- 
mable stuff had been set on fire by the enemy's shot, and the 
heavy Louisiana mud was found to be far more useful. f In 
some places the works were twenty feet across the top and 
seven feet high, in others they covered the men only to the 
breast. The long line was defended by eight batteries and 
3300 men. In the rear there were 800 more troops, consisting 
of the Mississippi cavalry and Attakapas dragoons, to act as 
a reserve and rearguard. 

The line of 3200 was composed of various bodies of troops. 
Among them may be mentioned the uniformed militia of 
Creoles, under Major Plauche ; Captain Beale's company of 
riflemen, stationed near the river, and the two battalions of 
free-men-of-color, under Lacoste and D'Aquin. Further 
on were the Kentuckians and Tennesseeans, under Major 
General Carroll and General Coffee ; nor must we forget 
the Baratarian privateers under Captain Dominique, who 
commanded Battery No. 3. 

The Fight. — Long before dawn on the morning of the 
8th, the Americans, lying in their intrenchments, had heard 
sounds in the British camp which told them there was to be 
an attack on their lines. They waited calmly for the sun to 
rise and show them the enemy. It was a cold foggy morn- 
ing. At dawn two rockets went up from the British camp. 
They were the signal of attack. The mist that covered the 

* Alexander Walker's Life ot Jackson. 

t Hence the old story that Jackson tought behind cotton bales on January 8th is a 
mistake. 



WAR OF 1812-15. 187 

plains as with a veil slowly lifted, and revealed the English 
columns approaching under General Gibbs. In front was 
the famous 44th regiment, composed largely of Irish soldiers. 
It was intended that these should bring up bundles of sugar 
cane to fill up the canal, and short ladders to mount the 
American fortifications. But by the negligence of their col- 
onel they came unprovided, and had to be sent back to get 
them. Before they could fall back, however, the American 
batteries had opened upon them a murderous fire, which 
cut great gaps in their ranks. Jackson was everywhere along 
his lines, crying out: "Stand to your guns; don't waste 
your ammunition; see that every shot tells!" The Ten- 
nesseeans and Kentuckians came forward in turn and 
poured a shower of bullets into the advancing British col- 
umns, while the American batteries on the other side of the 
river broke the enemy's lines with their shells. The effect 
was terrible ; the field in front of Jackson's works was strewed 
with dead bodies. The 44th, headed by Pakenham him- 
self, now advanced ; but what could bravery do against 
opponents that never showed themselves, while they swept 
the field with volley after volley of grape-shot and shell and 
bullet.? All that was left of Gibbs' command had to give 
way, and Keane brought to the front his splendid body of 
troops, headed by the Scottish Highlanders. As these gal- 
lant soldiers swept forward, Pakenham raised himself in his 
stirrups and cheered them.* But all was in vain. Out of the 
body nine hundred strong that advanced, only one hundred 
and thirty left that bloody field alive. Pakenham himself, as 
he bravely led his men, was wounded in the arm ; but still he 
pressed forward. Suddenly a shell burst near by, killing 
his horse and wounding him in the thigh. He fell into 
the arms of his aid, and, as he was raised up, another shot 
struck him. Borne to the shelter of an oak near by, the 
young commander-in-chief expired before he witnessed the 

♦ Walker's Life of Jackson, 



188 



HISTORY OF LOUISIANA. 



total defeat of his army. Nor did the other principal officers 
escape. Gibbs received a mortal wound and welcomed death 
as a release from pain, while Keane was wounded too 
severely to take command. 

Still the British pushed forward under Major Wilkinson, 
who succeeded in climbing to the top of the American forti- 
fications. Here he too fell, pierced by twenty bullets. His 




pakexham's oak. 



men were glad to fall upon their faces in the muddy canal 
and thus escape the hail of lead. Near the levee the 
British, under a brave officer named Rennie, rushed forward 
and captured the redoubt that guarded this point. But to 
take it was one thing, and to hold it another. The Ameri- 
can riflemen soon forced them to retire with the loss of their 
commander. 

General Lambert, who onPakenham's death became com- 
mander-in-chief , brought up his reserve to shelter the columns 
as they fell back, but he did not venture to renew the attack 
on Jackson's lines. As the British retired, the American 
artillery continued to fire upon them, and the cannonading 
did not cease till 3 o'clock in the afternoon. 

The Contest on the Right Bank. — Jackson had placed 
General Morgan on the right bank to oppose the advance of 



WAR OF 1S12-15. 189 

the British. Morgan's position, though it was protected by 
a canal, was not a strong one, and could easily be turned by 
the enemy. His force was composed partly of Louisiana and 
partly of Kentucky troops — in all about six hundred men. 
These troops, however, seem to have been without disci- 
pline, and General Morgan did not manage them wisely. On 
the morning of the 8th, as we have seen. Colonel Thornton 
crossed the river with about six hundred men. He immedi- 
ately began to advance up the right bank towards Morgan's 
lines; Almost no resistance was offered bv the Americans. 
The Kentuckians fled in disorder, and weie followed by the 
rest of Morgan's coinmand. 

Tlie British, however, when they heard of Pakenham's 
defeat on the other bank, retired across the river, and the 
Americans occupied their former position. The flight of 
Morgan's troops, though they seem to have had some excuse 
for their conduct, brought a sharp rebuke from General 
Jackson, who did not understand how an American could 
retire before an Englishman. 

British and American Losses. — An English writer who 
was present at the battle of New Orleans, states that Pakenham 
had seven thousand men on the field, and lost two thousand. 
Jackson lost only eight killed and thirteen wounded I 

Fort St. Philip. Retreat of British.— The British fleet 
sailed up the Mississippi and attacked Fort St. Philip, but it 
was so bravely defended by the Americans under Major 
Overton that, though the English bombarded it from the 9th 
to the i8th of January, they were unable to take it. Finally, 
on the iSth, they retired down the river. On the same day 
General Lambert commenced his retreat across the marshes 
to Lake Borgae. He had given up all hope of taking New 
Orleans. 

QUESTIONS. 

Who commanded the British? What was Pakenham's first step? 
Tell about the arrival of the Kentuckians. Give the date of the Battle 



190 



HISTORY OF LOUISIANA. 



of New Orleans. How did the British prepare for the battle? Did 
Jackson fight behind cotton bales? What troops fought under Jack- 
son? Describe the battle. Tell about the contest on the right bank. 
What were the losses on both sides? Describe the retreat of the 
British. Point out on the map the position of the British and the 
Americans. 



CHAPTER XXVIII. 
AFTER THE BATTLE. 



Rejoicings in New Orleans. — What had been happenhig 
in the city during this time.? The roar of the cannon on the 

morning of the 8th had been 
distinctly heard by the inhabi- 
tants. Some veterans, who 
were no longer fit for active 
service in the field, had been 
left to defend the city ; but the 
women and children were in a 
state of great excitement. Few 
persons believed that Jackson 
would be able to resist such a 
splendid army as Pakenham 
was known to have. There 
was a rumor, moreover, that 
the British had sworn to give 
over the city to a pillage of the 
most dreadful kind. Every 
one trembled at the thought of 
such a fate. From the battle- 
Suddenly, however, the sound 




'^-''--i^lidby:^^}:^ 



n 







Jackson's statue. 
field no message had come. 



of a horse's hoofs was heard, and a messenger almost breath- 



WAR OF 1812-15. 191 

less, galloped through the streets, crying: "Victory! Vic- 
tory ! Pakenham is defeated ! Hurrah for General Jackson ! " 

Then the people poured out into the public square, and 
there was shouting and rejoicing such as had never been 
heard before in New Orleans. Not only had Jackson won a 
great victory, but he had lost only a few of his brave sol- 
diers ; and had not these met a glorious death in dying for 
their country.? 

All hatred of the English was lost in pity. The wounded 
British soldiers were brought up to the city on the steam- 
boat, and everything was done for their comfort. Many of 
them were nursed by the colored women of New Orleans, 
who volunteered their services. 

The Treaty of Peace. — Two weeks before the battle of 
New Orleans a treaty of peace between Great Britain and 
America had been signed at Ghent in Belgium; but alas! 
this was not known in Louisiana till February loth. For the 
war took place before there was any telegraph and before a 
steamer had ever crossed the Atlantic, so that news traveled 
very slowly. 

Jackson's Praise of His Troops. — On Jannary 21st, 
Jackson issued general orders praising in the highest terms 
the conduct of the soldiers under his charge. The volunteers 
from the other States were thanked for their brave services, 
as were also the Creoles, many of whom he mentioned by 
name. The free-men-of-color, he declared, had acted with 
courage and perseverance ; and the Baratarians, under the 
Lafittes and Dominique, had all deserved the thanks of the 
country. At his suggestion, the President of the United 
States pardoned the Baratarians for all their past misdeeds. 

Jackson^s Reception in New Orleans. — The 23d of Jan- 
uary was appointed as a day of thanksgiving for the great 
victory. A triumphal arch was erected in the middle of the 
large square in which Jackson's equestrian statue now stands. 
The scene that followed is thus described by an eye-witness, 



192 HISTORY OF LOUISIANA. 

Major Latour: "The windows and balconies of the city 
hall (the old Cabildo) and all the adjacent buildings were 
filled with spectators. When General Jackson, accom- 
panied by the officers of his staff, arrived at the entrance 
of the square, he was requested to proceed to the cathe- 
dral by the way prepared for him. As he passed under the 
arch he received crowns of laurel from two children, and 
was congratulated in an address spoken by Miss Kerr, who 
represented the State of Louisiana. The General then pro- 
ceeded to the church amidst the salutations of young ladies 
representing the different States, who strewed his passage 
with flowers. At the entrance of the church he was re- 
ceived by the Abbe Dubourg, who conducted him to a seat 
prepared for him near the altar. Te Deum^was chanted 
with solemnity, and soon after a guard of honor attended 
the General to his quarters; and in the evening the town, 
with its suburbs, was splendidly illuminated." 
The Trial of Jackson. — It would be pleasant to record 
that General Jackson left New Orleans with the praises of 
the whole population ringing in his ears. But such was not 
the case. By a mistake of the authorities at Washington the 
General did not receive official notice that the Treaty of 
Peace had been ratified by Congress till March 13th, 18 15. 
It is true that he had heard the news of the peace on the loth 
of February; but as he believed in strict discipline, he in- 
sisted on keeping New Orleans under martial law till the 
official notice reached him; and he even went so far as to ar- 
rest Dominic Hall, judge of the District Court, who had dis- 
pleased him. 

After the official notice arrived the hero of Chalmette was 
summoned before Judge Hall, and fined one thousand dollars 
for having made an " unnecessary and arbitrary use of martial 
law." This fine the General promptly paid. As he left the 
Court House his friends hauled a carriage to the door, and, 
forcing the General to enter, they dragged him in triumph to 



WAR OF I 



812-15. 



193 



a neighboring coffee-house. Here he made a speech, which 
concluded with these noble words: "Considering obedi- 
" ence to the laws, even when we think them unjustly ap- 




COURT HOUSE IN WHICH JACKSON WAS TRIED. 

"plied, as the first duty of every citizen, I do not hesitate to 
" comply with the sentence you have heard pronounced. Re- 
" member the example I have given you of I'espectful sub- 
" mission to the administration of justice."* 



QUESTIONS. 

How did New Orleans receive the news of Jackson's victory ? If 
the telegraph had been in use at this time, would the Battle of New 
Orleans have been fought ? How was Jackson received in New Or- 
leans ? Tell about Jackson's trial. What did Jackson say about 
obedience to law ? 

* Soon after this General Jackson left Louisiana. When he visited New^ Or- 
leans again in 182S, he came as tlie guest of the State, and was received as a 
national hero. In the same year he was elected President of the United States. 
In 1845 Congress paid back to him the fine of one thousand dollars, with interest 
for thirty years ; the Legislature of Louisiana offering at the same time to give ths 
required amount out of the State Treasury. A few years later a splendid eques- 
trian statue of the General vsras placed in the old Place D'Armes, which was re- 
Christened " Jackson Square." 



194 HISTORY OF LOUISIANA. 



PERIOD OF DEVELOPMENT. 



CHAPTER XXIX. 

GROWTH OF THE STATE. 

James Villere, Governor. 1816-1820. — After the British 
retired from Louisiana, no war came for many years to dis- 
turb the peace and happiness of the State, and Louisiana 
began to enjoy a period of wonderful prosperity. As soon 
as the soldiers who had served under Jackson laid down their 
arms, they returned to their various occupations and went to 
work with a new spirit. The fame of Louisiana's fertile 
lands had spread in all directions ; and very soon settlers 
from Georgia, South Carolina and Virginia came crowding 
in to find homes in the new State. For many years, how- 
ever, no great events took place ; as we glance over the 
period, there seems to be nothing worth relating. But if we 
look more closely we find that what an English historian calls 
a " noiseless revolution " was going on. It was the revolution 
caused by the increase of population and the development of 
industries. In 1815 the population of the State, white and 
black, was only 90,000, but in 1830 it had grown to 153,407. 
Sugar and cotton were produced in greater quantities ; and 
before many years had passed new methods of refining sugar 
had made this staple more profitable than ever before. 

In 1816 Claiborne's term as governor came to an end. For 
twelve years he had held this office ; and as a mark of their 
esteem for his high qualities, the legislature, in 1817, elected 
him as a representative of Louisiana in the United States 
Senate. A few months afterwards, however, he died. His 
successor as governor was General James Villere, a Creole, 
who had distinguished himself alike in war and peace. It 



PERIOD OF DEVELOPMENT. 



19q 



will be remembered that he was a rival candidate in the elec- 
tion of l8l3. 

Governor Villere found that 
with the new population a 
great many persons of bad 
character had slipped into the 
State, and that the morals of 
New Orleans needed correc- 
tion. Measures were quickly 
taken to put down all lawless- 
ness in the city by establishing 
a Criminal Court and by pass- 
ing severe regulations. By 
this means good order seems 
to have been very soon re- 
stored, for we hear no further 
complaint of the evil-doers. 




•u 

GOVERNOR JAMES VILLERE. 



Yellow Fever and Overflow. — The only things that in- 
terrupted the prosperity of the State at this time were the 
yellow fever and the overflows of the Mississippi, both of 
which came with terrible regularity. There was a great deal 
of discussion in regard to the necessity of building better 
levees, but very little work seems to have been done. In 
fact the native inhabitants appear to have regarded the over- 
flows and the fever as a matter of fate — something that could 
not be avoided. Moreover those who were acclimated soon 
ceased to fear the fever ; its victims were to be found chiefly 
among the new settlers. According to Gayarre, many of the 
old Creoles even welcomed its coming, because they hoped it 
would keep out the bustling, pushing Americans, who threat- 
ened to take possession of the State. This jealous feeling 
toward the Americans continued for some years, and kept 
the Creoles a kind of separate race in Louisiana. Finally, 
however, the two mingled freely, and all ill feeling was for- 



196 HISTORY OF LOUISIANA. 

gotten. In our day it is hard to believe that any such trouble 
ever existed ; for the Creoles, though they like to preserve 
the French language, take pride in being Americans, and 
welcome settlers from all parts of the Union. 

Banks and Speculation. — The business of New Orleans 
increased with the prosperity of the State. Great warehouses 
were built, fine residences were seen on every hand, and city 
property rose rapidly in value. As forty millions of dollars 
had been invested in sugar plantations, many banks were 
necessary for the large transactions that were taking place. 
In 1818 the Bank of Louisiana, with a capital of two mil- 
lions, had been incorporated. Others soon followed, and 
every one was eager to take stock in them. Unfortunately, 
however, this craze for new banks went too far. As these 
institutions lent money freely, the planters borrowed large 
sums on their lands, and, as the money seemed easy to get, 
they spent it lavishly. On their estates they displayed a 
splendid hospitality and lived like princes. The State itself 
took shares in the new banks, and for a time all went well. 
But soon there was a period of wild speculation. Property 
in and around New Orleans was bought at prices far exceed- 
ing its value ; even the swamp lands back of the city, which 
were useless for any purpose, were eagerly purchased by 
speculators. 

The banks had been allowed to issue notes, which were 
accepted as money ; for it was supposed that there was suffi- 
cient specie in their vaults to exchange for these notes when- 
ever the holders wished to have them redeemed. Finally, 
however, there was what is now called a " panic." It was 
discovered that the banks had gone far beyond their means, 
and were not able to redeem their notes. In the year 1837, 
the crisis came, and in one day fourteen banks suspended. 
Of course the paper money became of no value, and many 
persons were ruined. Property that during these times of 
rash speculation had risen very high, now fell very low. But 



PKKIOD OF DiiVBLOPMENT. 197 

this bitter experience Mught every one to be more cautious 
in conducting business, and the general prosperity of the 
State was not long interrupted. As nothing could prevent 
the rich soil from producing fine crops of sugar and cotton, 
and as a ready markt was found for these staples, the plant- 
ers rapidly recovered from the " panic." * 

Lafayette. — In the year 1S34, the Marquis de la Fayette, 
the distinguished Frenchman who had fought for the inde- 
pendence of America in the Revolution of 1776, came over 
to the United States. He was received everywhere with 
great honor, and was invited by the people of Louisiana to 
visit their State. Ho consented, and on April 9th, 1S25, he 
arrived at Chalmette field. Here he was met by a committee 
of citizens and escorted to the city. The State legislature 
having voted fifteen thousand dollars for his entertainment, 
the old Cabildo on Jackson Square was fitted up as a resi- 
dence. In this historic building Lafayette received the citi- 
zens, who came in great numbers to do him honor. Tri- 
umphal arches were erected ; there were many splendid ban- 
quets ; and the city gave itself up to enjoyment. Louisiana 
had not been one of the American colonies in 1776, but the 
Spanish governor of that day, it will be remembered, had 
aided the struggling colonies as much as he could ; and now, 
in 1825, the people of Louisiana wished to show that they 
joined the rest of America in their love and respect for this 
noble " guest of the nation." After leaving New Orleans 
Lafayette ascended the Mississippi river. Everywhere that 
he stopped he was received with the highest honors. The 
United States Government presented him with the sum of 
two hundred thousand dollars and a large tract of land in 
Florida. 

The Capital Removed. — In the same year (1835) an act 
of the legislature was passed to remove the Capital from 

* Our present State National Banks, which issue paper money secured by bonds 
deposited in the U. S. Treasury, and which consequently can not refuse to redeem 
their notes, were not established until 1863, 



198 HISTORY OF LOUISIANA. 

New Orleans to Donaldsonville. This was done partly be- 
cause the country parishes wished a more central location 
than New Orleans, and partly because it was thought that 
the legislators would do their work better in a quiet country 
town than in a gay city. The sum of five thousand dollars 
was expended on a building in Donaldsonville, and the trans-" 
fer was made. But the legislators found the little town so 
dull after the pleasant life to which they had been accus- 
tomed, that they longed to return. Finally, in 183 1, they 
adjourned the house one day, and taking the steamboat, were 
soon back in the Crescent City, which thus became the Cap- 
ital once more.* 

First Railroad. — Before it left Donaldsonville, the legis- 
lature passed an act incorporating the Pontchartrain Railroad 
Company. This railroad is the oldest in Louisiana, and the 
second that was completed in the United States. It is still in 
existence, and connects New Orleans with the pleasant little 
town of Milneburg. Some years passed before other rail- 
roads were built. 

New Orleans Lighted by Gas. — Just four years later 
(1834), New Orleans was for the first time lighted by gas. 
Up to this time, as we learn from old newspapers, the privi- 
lege of furnishing oil and matches to light the city had been 
sold every year to the lowest bidder. When gas was intro- 
duced it was soon found that the increase of light diminished 
very much the number of crimes committed on the streets at 
night. But it is only since the introduction of electricity 
within the last ten years, that it has been clearly shown that 
plenty of light will do as much to free a city from criminals 
as will the best of laws. 

* New Orleans remained the Capital till 1S49, when the legislature met for the 
first time in Baton Rouge, which had been made the seat of government. Aftej 
the Civil War the legislature assembled in New Orleans till 1882 when a transfei 
to Baton Rouge once more took place. 



PERIOD OF DEVELOPMENT. 199 

QUESTIONS. 

Tell about the noiseless revolution in Louisiana. Who succeeded 
Claiborne as governor? What interrupted the prosperity of the 
State? What caused the bank failures in 1S37? Who was Lafayette? 
How^ was he honored on his return to America? Why was the Capital 
removed from New Orleans? What was the first railroad in Louisiana? 



CHAPTER XXX. 
GROWTH OF THE STATE — CONTINUED. 

During the period which we have been reviewing Louisi- 
ana was blessed with a succession of excellent governors. 
As there was little political strife in these times, and as the 
State was generally very prosperous, some modern writers 
have named this period the " Golden Age of Louisiana." 

Public Domain. — In 1820 Governor Villere was succeeded 
by Thos. B. Robertson, a distinguished lawyer, who greatly 
endeared himself to the people by his wise and useful ad- 
ministration. After nearly four years' service he retired,* 
and the governor's chair was occupied from 1834-28 by 
Henry Johnson, who had previously held a seat in the United 
States Senate. The messages of these governors declare that 
the State was then in a prosperous condition ; but they con- 
tain constant complaints of the United States authorities for 
their management of the public lands in Louisiana. In 
making Louisiana a State the Government at Washington had 
reserved for itself large tracts of land that were not then oc- 
cupied. As the population increased, the State Government 
wished to get possession of these lands, which were becoming 
more valuable every day ; but for some time the General Gov- 

•Governor Robertson, having been appointed district judge, resigned, and his 
term was comj-.letcd by I7on. 11. S, Tliibodaux, who was president of the State 



200 



HISTORY OF LOUISIANA. 



ernment refused to surrender them. Finally, however, an 
arrangement was made by which Louisiana received a great 
part of this public domain, as it was called, and from the 
sale of certain portions money was obtained to build levees, 
to found institutions of learning, and to pay a part of the 
State debt. Large areas are still owned by the State.* 

Pierre Derbigny. — In 1828, Johnson was succeeded as 
governor by Pierre Derbigny, who had previously been a 

judge of the Supreme Court and 
secretary of state. In the follow- 
ing year, however. Governor 
Derbigny was thrown from his 
gig and killed. As there was no 




PIERRE DERBIGNY. 

lieutenant-governor under 
the old constitution, the 
president of the senate, A. 
Beauvais, acted as gov- 
ernor until the legislature 
met, when he was followed 
by a second president of 
the senate, Jacques Dupre. 
Finally, in 1830, a regular governor a. b. roman. 

election was held, and the governor chosen was A. Bien- 
venu Roman. 




*The University at Baton Rouge is partly supported by funds obtained from tht 
sale of public domain. The United States Government still owns many thousands 
of acres in the upper parishes of Louisiana. This land is given away in certain 
Quantities to settlers. 



PERIOD OF DEVELOPMENT. 



201 



A. B. Roman, Governor. 1831-1835. — Governor Roman 
was a fine type of the Louisiana Creole, and his services to 
his native State were very important. He founded Jeffer- 
son College in St. James parish, and when the legislature 
made an appropriation for its support, he added a subscrip- 
tion from his own fortune. Professors were brought over 
from Europe, and many students were educated in the new 
college. In managing the affairs of the State, Governor 
Roman showed great ability. Being violently opposed to the 
wild speculations of his time, he did all that he could to keep 
the State from indulging in them. To him also, we owe the 
establishment of the first experimental farm to advance the 
study of agriculture. As we shall see he was the first gov- 
ernor of the State to enjoy the honor of a second term. 

Refining of Sugar. — During Roman's first term, and in 
the next few years, great progress was made by some prom- 
inent planters in the refining of sugar. Up to this time it 




CARRYING CANE TO THE MILL. 

had been often said that Louisiana sugar was not suitable for 
refining, and there were many complaints of its inferior 
quality. About the year 1830 some of the richest planters 



202 



HISTORY OF LOUISIANA. 



determined to show that a fine grade of sugar could be pro- 
duced in the State. The result of tneir experiments was 
watched with the same interest that was shown when Etienne 
de Bore made his successful attempt to produce granulation. 
What is called the " vacuum process " had been introduced 
by two planters, Messrs. Gordon and Forstall, and was very 




PICKING COTTON. 



successful. Two other rich planters, ValcourAime and Thos. 
Morgan, of St. James parish, now purchased expensive ma- 
chinery and the best chemicals for the refining process. 
Their first experiment succeeded beyond their expectations. 
They produced a high grade of refined sugar, several tons 
of which were sent to the North as a proof that Louisiana 
could compete with other countries in supplying the markets 
of the United States. It was even hoped that all the inhab- 
itants of America could be supplied with Louisiana sugar. 

Cholera. — In 1S33, Louisiana was visited by a terrible dis- 
ease called Asiatic Cholera. It proved to be a far worse 
scourge than ever the yellow fever had been. Beginning in 
Asia it had spread over Europe, and was then brought by a 



PERIOD OF DEVELOPMENT. 203 

ship to Canada. From Canada it finally reached Louisiana. 
Here as many as five thousand persons died of it. The ne- 
groes, who generally escaped the yellow fever, died in large 
numbers of this new disease. 

Edward D. ^A^hite, Governor. 1835-39. — I" ^^35' E. D. 
White,* who had for several years been an able representa- 
tive in the Congress of the United States, was elected gover- 
nor. During his administration there was a great increase 
in the amount of cotton produced. The price of sugar fell 
to six cents a pound, which in those days was considered too 
low for a profit. Every one, therefore, began to neglect 
sugar and cultivate cotton. In 1S36 Louisiana produced 
225,000 bales, which was nearly double the crop of 1834. 
After 1840, however, a new tariff brought up the price of 
sugar, which became once more the great staple of Lou- 
isiana. Nineteen of the southern parishes devoted them- 
selves to its cultivation, while Rapides, Avoyelles, Concor- 
dia, Catahoula, and Calcasieu, which had, before this, raised 
only cotton, now prepared to try the cane. The result was 
that in 1844 the crop was 200,000 hogsheads. 

Gro^A^th of New Orleans. — New Orleans, which always 
prospers with the State, had grown rapidly. The city was 
spreading beyond its old limits of Canal and Esplanade 
streets ; for its population, which in ten years had more than 
doubled, now reached 103,000. In one year 2000 sailing 
vessels and 1600 steamboats arrived at its levees. 

Overflow of 1840. — In the meantime Governor White had 
been succeeded by A. B. Roman, whose second term lasted 
until 1843. During his administration there was an unusual 
rise in the Mississippi river. There had not been such a flood, 
says an old historian, since that of 17S2, when the prairies of 
the Attakapas and Opelousas country were partly overflowed. 
The Mississippi now spread over the parishes of Lafourche 
and Concordia, while the waters of Red river covered the 

•The fatherof E. D. White, now Associate Justice of the U. S. Supreme Court. 



204 



HISTORY OF LOUISIANA. 



extensive cotton lands along its banks. When the flood dis- 
appeared, however, it was found that the overflowed district 
had received a rich deposit of mud, and the next year a fine 
crop was produced. 

QUESTIONS. 

What was the trouble about public domain? Name the governors 
that preceded Roman. Tell the chief services of Governor Roman. 
Give an account of the refining of sugar. What was the change in 
agriculture while White was governor.' Give an account of the over- 
flow. 



CHAPTER XXXI. 
INCREASE OF DEflOCRACY — TROUBLE IN TEXAS. 

A. Mouton, Governor. — In 1S43 Alexander Mouton was 
elected governor. He had previously been a United States 
Senator. Open-hearted, frank, and 
endowed with good judgment, Mou- 
ton enjoyed great popularity among 
the people of Louisiana. He always 
showed himself ready to sacrifice 
his personal interests for the good of 
his State. During his administration 
Louisiana paid off a large portion 
of the debts she had contracted when 
she took stock in the new banks. 

The New Constitution. — In 1845 
a new constitution was framed for 
Louisiana, which differed in some 
important points from that of 18 12. 
It was far more democratic — that is, it gave more privileges 
to the people than they had possessed before. Thus, under 




ALEXANDER MOUTON. 



PERIOD OF DEVELOPMENT. 205 

the old constitution no one was allowed to vote who had not 
a certain amount of property. Now all this was changed ; 
the right of suffrage was granted to any male white twenty- 
one years of age who had resided two years in the State. 

Formerly the governor was obliged to own a landed estate 
worth five thousand dollars ; but now the poorest man in 
Louisiana could be elected to the highest office. Moreover, 
a change was made in the method of electing the governor — 
a change which is found in all the subsequent constitutions. 
By the constitution of 1S12, the general assembly was per- 
mitted to choose the governor by ballot from the two candi- 
dates that had received the highest number of popular votes. 
Thus it was in the power of this assembly, if it wished, to 
choose the candidate that had received a smaller number of 
popular votes than his opponent ; though such a disregard of 
the people's wishes never occurred. The new constitution, 
however, provided that the general assembly must declare the 
candidate receiving the highest number of popular votes to 
be the duly elected governor. 

It was under this constitution, also, that the ofliccs of lieu- 
tenant-governor and superintendent of education were created. 
The first superintendent, Alexander Dimitry, did noble work 
for the schools. 

During this early period duelling had been very common 
in Louisiana, and the framers of the constitution determined 
to try to check it. Hence we find a provision that no State 
officer could enter upon his duties unless he swore that, since 
the adoption of the constitution, he had not engaged in a 
duel. A still severer article is found in the latter constitution 
of 1852, which declared that no one who had been engaged 
in a duel should be allowed to vote. In our latest constitu- 
tions, those of 1879 and 1898, all provisions in regard to 
duelling have been dropped ; and the practice itself seems 
to be disappearing. 

Isaac Johnson, Governor. 1846-50. The Mexican War. 
— Under the new constitution. Isaac Johnson, who had held 



206 



HISTORY OF LOUISIANA. 




GOVERNOR ISAAC JOHNSON. 



the office of district judge, was elected governor. Scarcely- 
had he begun his duties when a serious war began between 
the United States and Mexico. The cause of the war was 
this : When Louisiana was pur- 
chased, Texas remained a part of 
Mexico. As many American set- 
tlers, however, had moved into this 
territory, the United States Govern- 
ment tried to purchase, it, but Mex- 
ico would not sell; In 1835 Texas 
boldly took the'matter into her own 
/^ hands. Throwing off her allegiance 
to Mexico, she declared herself a 
free republic, and asked to be 
admitted into the Union -as a 
State. At first Congress would 
not consent, for thei-e was a party in the North who wished 
to abolish slavery, and who opposed the admission of Texas 
because she would be admitted as a slave State. In spite, 
however, of this and other objections, Texas was finally 
made a State in 1845. It was a fine thing for the United 
States to acquire this splendid piece of territory ; but Mexico 
was very angry at the interference of the American Govern- 
ment, and before a year had passed war was declared be- 
tween the two countries. 

General Zachary Taylor, who owned an estate near Baton 
Rouge, was sent with a small army to defend the border of 
the new State. As the Mexicans threatened him with a 
superior force, he called upon Governor Johnson for addi- 
tional troops. When the governor brought the matter before 
the legislature, the sum of one hundred thousand dollars 
was immediately voted for the purpose of sending help. New 
Orleans was wild with enthusiasm. The military companies 
seemed as anxious to fight as they had been some thirty years 
before at Chalmette. " In a few days," says General Owen,| 



PERIOD OF DEVELOPMENT. 207 

in his account of the Mexican War, " the Washington Regi- 
" ment, of New Orleans, looo strong, was on its way on 
" transports down the Mississippi." Other troops followec^ 
until Louisiana had sent a considerable force to aid her sister 
State against the Mexicans. The details of the war that fol- 
lowed can not be given here. It is sufficient to say that the 
Mexicans were defeated on every side, and that finally the 
American army under General Scott fought its way to the 
City of Mexico and captured it. The last defence of the 
city was the fortress of Chapultepec, which was taken by 
storm. In this portion of the campaign as well as in the 
battles of Monterey and Buena Vista, the Louisiana troops 
served with splendid courage. General G. T. Beauregard 
(then major), distinguished himself, and was twice wounded. 
As we look over the list of officers from Louisiana we see 
such well known names as Dessommes, Musson, Blanchard, 
Bourgeois, Soniat, and Hunt. 

With the surrender of the Mexican capital the war ended, 
and the Mexicans were glad to make peace. It was agreed 
that Texas should take as her southern boundary the Rio 
Grande river — a boundary which Mexico had not been will- 
ing to grant before the war. 

General Joseph Walker, Governor. 1850-53. — The suc- 
cessor of Isaac Johnson was General Joseph Walker, who 
had previously held high offices in the State. During his 
administration, the people, having already become dissatis- 
fied with the constitution of 1845, decided to have another 
framed. The result was the constitution of 1853, which was 
still more democratic than the previous one. Among other 
things it declared that the judges of the State Supreme 
Court instead of being appointed by the governor, as they 
are at the present day, should be elected by the vote of the 
people. The object of this measure was to limit the power 
of the governor, but it was not a wise step. Moreover, the 
privilege of creating neV debts for the State, which had 



208 HISTORY OF LOUISIANA. 

been denied the legislature by the constitution of 1845, was 
now once more granted. 

Paul Hebert, Governor. 1853-56.* — Under the new con- 
stitution Paul Hebert was elected governor. He had pre- 
viously occupied, says Gayarre, the position of State engi- 
neer, and had been president of the late constitutional con- 
vention. During his administration there occujTed one of 
the most terrible yellow fever epidemics that Louisiana had 
ever seen. Formerly the disease had generally confined 
"itself to New Orleans, but now it spread over every part of 
the State, and thousands of the inhabitants died. Never 
since the coming of the cholera had such sorrow and dismay 
been felt throughout the State. When the fever was over, 
however, trade was resumed and the State began once more 
to prosper. Among the signs of this prosperity it may be 
mentioned that during this period the public school system, 
which thus far had not been very successful, was aided by 
State funds and put upon a better basis. A few years before 
(1847) the University of Louisiana (now Tulane) had been 
established in New Orleans. The State now made appro- 
priations to complete the University buildings and to aid 
other institutions of learning. 

R. C. Wickliffe. — In 1856 Governor Hebert was suc- 
ceeded by Robert C. Wickliffe, a native of Kentucky, who 
had settled in West Feliciana. Here Mr. Wickliffe had won 
prominence as a lawyer, and had afterwards been elected a 
State senator. During his administration there was much po- 
litical excitement in Louisiana, in which the leading lawyers 
took an active part. Among these, three of the most promi- 
nent were Pierre Soule, John Slidell, and Judah P. Benjamin. 
Before the war all three served in the United States Senate, 
where they courageously defended the Southern Cause in the 
discussions that arose. 

• Hebert was installed as governor in January, 1853, but by a special article of the 
new constitution the terms of all officers were regarded as beginning in January, 




Gov. Thos. B. Robertson. Gov. Henry Johnson. 

Gov. E. I). White. (t!ov. Joseph Walker. Gov. P. O. Hebcrt. 

Gov. R. O. Wiekliffe. (jov. Thos. O. Moore. 



THE CIVIL WAR — 1861-65. 209 

QUESTIONS. 

What was the character of Governor Mouton? Tell about the 
changes made by the new constitution. What important event oc- 
curred during the administration of Governor Johnson? Give an ac- 
count of the Mexican War. What changes were made by the consti- 
tution of 1S52 ? Tell about the yellow fever in Hebert's administration. 
Who was the successor of Governor Hebert? 



THE CIVIL WAR-1861-65. 



CHAPTER XXXII. 
BEGINNING OF THE WAR. 

The Approach of War. — The annual messages of Hebert 
and Wickliffe show that the great topics of discussion in 
Louisiana were slavery and secession. The war was not far 
off, and these messages, full of fiery sentiments, were like the 
low thunder that announces the coming of a storm. 

The party opposed to slavery, known as the Republican 
party, had been rapidly growing at the North, and seemed 
likely at an early day to gain cohtrol of the National Govern- 
ment at Washington. Louisiana and the other Southern States 
thought that, if this happened, an attack would be made 
upon the institution of slavery ; perhaps a law would be 
passed to do away with it altogether. At this period the 
North no longer had any slaves ; while the South depended 
upon them for the cultivation of her plantations, which, it 
was believed, could not be worked by white labor. 

The Causes of the War. — From the beginning of the 
nineteenth century there had been some jealousy between 



210 HISTORY OF LOUISIANA. 

the Northern and the Southern States ; and this feeling, un- 
fortunately, increased as the differences between the two sec- 
tions became more marked. Slavery never flourished in the 
cold North as it did in the warm South. Moreover, the 
Northern people had no large plantations, and generally pre- 
ferred manufactures to agriculture. In the South the slaves 
were suited both to the climate and to the occupation of the 
people. Now it was very difficult to make satisfactory tariff 
laws for two portions of a large country, which depended for 
their support upon different kinds of products. A tariff, for 
instance, that protected the manufacturer of the North often 
threatened to ruin the planter of the South. Whichever sec- 
tion of the country, therefore, had the majority in Congress 
was able, if it wished, to pass laws very injurious to the 
other. Thus we have seen that, in 1811, Josiah Quincy, of 
Massachusetts, declared in Congress that if Louisiana were 
admitted as a State, the older States would be justified in 
breaking up the Union ; for, as he argued, Louisiana could 
not have the same interests as the Northern and Eastern States. 
Twenty-four years later (1S33), there was a great debate 
in the United States Senate between Daniel Webster and 
John C. Calhoun. Webster, who was from Massachusetts, 
declared that the Constitution of the United States did not 
permit a State under any circumstances to withdraw from 
the Union. Thus Massachusetts had changed her opinion of 
the Constitution since the days of Josiah Quincy. Calhoun, 
who was from South Carolina, maintained that the right to 
withdraw from the Union belonged to every State ; for, in 
iratifying the Constitution, the States had reserved to them- 
selves this power. Such was the famous "State Rights 
Doctrine." In general the North took the side of Webster, 
while the South took the side of Calhoun.* The debate in 

• It is interesting, however, to note that Webster's distinguished biographer, 
Henry C. Lodge, though a Northern man and aviolent opponent of secession, ad- 
mits that, in this great debate, Calhoun proved his interpretation of the Constitu- 
tion to be the true one. 



THE CIVIL WAR — 1861-65. 211 

this case had arisen over a tariff law passed by Congress. As 
this law was regarded as a violation of the Constitution, South 
Carolina " nullified " or refused to obey it, and prepared to 
secede, in case the President attempted to enforce obedience. 
The trouble, however, ended in a compromise. Each side 
gave up something, and a tariff diminishing yearly till it 
ceased, was finally adopted. Thus the great question of 
what rights belonged to the States and to the General Gov- 
ernment respectively, was not settled, but only deferred. 

When, therefore, some years later, the party in the North 
opposed to slavery grew very strong and seemed to be on the 
point of getting possession of the Government, the South 
naturally began to discuss once more the question of seces- 
sion. Would the North dare to interfere with slavery, which 
had so long been an established institution in the South.? If 
a Southern State submitted to such interference it would 
lose its self-respect; secession was the only means of pre- 
serving its rights. This was the general feeling in the South ; 
while the North was determined to preserve the Union at all 
hazards. Each side thought itself in the right, and it looked 
as if the long contest over the question of secession, which 
slavery had thus brought to the front once more, could be 
decided only by a war between the two sections. 

As soon, therefore, as the Republicans, in i860, succeeded 
in electing as President Abraham Lincoln, the Southern 
States prepared to secede from the Union, and to defend 
iheir action, if necessary, by an appeal to arms. 

Louisiana Secedes. — The first State to pass an ordinance 
of secession was South Carolina, which many years before 
had so boldly asserted her rights through the statesman, 
John C. Calhoun. Other Southern States followed. In 
Louisiana a convention was called at Baton Rouge to decide 
what course the State should pursue. The officer elected to 
preside on this important occasion was the venerable Ex- 
Governor Alexander Mouton, a man highly respected by all 



212 HISTORY OF LOUISIANA. 

the people of the State. By a vote of 113 yeas to 17 nays, 
the convention decided that Louisiana would join her sister 
States in withdrawing from the Union (January 26, 186 1).* 
This decision was destined to bring sorrow and disaster upon 
the State, but the Louisianians believed that under the Con- 
stitution of the United States they had the right of secession, 
and they were determined to fight, if necessary, to maintain 
it. The governor of Louisiana at this time was Thos. O. 
Moore (1S60-64), a rich planter and man Of large influence. 
He strongly supported the course pursued by his State. 

The New Government. — In February, 1861, the various 
States that had seceded sent representatives to a Southern 

*The ordinance of secession was as follows: 

"The State Of Louisiana. 

"An ordinance to dissolve the Union between the State of Louisiana and other 

States united with her under the compact entitled 

" 'the constitution of the united states of AMERICA ' 

" We, the people of the State of Louisiana, in convention assembled, do declare 
and ordain, and it is hereby declared and ordained, that the ordinance passed by us 
in convention on the 22d day of November, in the year iSii, whereby the Constitu- 
tion of the United States of America, and the amendments of the said Constitution, 
were adopted ; and all laws and ordinances by which the State of Louisiana became 
a member of the Federal Union, be and the same are hereby repealed and abro- 
gated ; and that the Union now subsisting between Louisiana and other States, 
under the name of ' The United States of America,' is hereby dissolved. 

" We do further declare and ordain. That the State of Louisiana hereby resumes 
all rights and powers heretofore delegated to the Government of the United States 
of America; that her citizene are absolved from all allegiance to said Government; 
and that she is in full possession and exercise of all those rights of sovereignty which 
appertain to a free and independent State. 

" We do further declare and ordain. That all rights acquired and vested under 
the Constitution of the United States, or any Acts of Congress, or treaty, or under 
any law of this State, an d not incompatible with this ordinance, shall remain in force 
and have the same effect as if this ordinance had not been passed." 

On the i8th of February, lS6l, the legislature passed the following joint reso- 
lution : 

" I. Beit resolved by the Senate and House of Representatives of the State oj 
Louisiana, in general assembly convened, That the rightof a sovereign State to secede 
or withdraw from the Government of the Federal Union and resume her original 
sovereignty when in her judgment such act becomes necessary, is not prohibited by 
the Federal Constitution, but is reserved thereby to the several States, or people 
thereof, to be exercised, each for itself, without molestation. 

" 2. Beit further resolved, etc.. That any attempt to coerce or force a sovereign 
State to remain within the Federal Union, come from what quarterand underwhat- 
ever pretence it may, will be viewed by the people of Louisiana, as well on her 
own account as of her sister Southern States, as a hostile invasion, and resisted 
to the utmost extent. 

" C. H. Morrison, 
" Speaker of the House of Representatives. 
" B. W. Pearck, 
" President of the Senate. 
" Thos. O. Moore, 
" Governor of the State of Louisiana.'' 



THE CrviL WAR — 1861-65. 



213 



Congress, which met at Montgomery, Ala. A new govern- 
ment was formed under the title of the "Confederate States 
of America," a new constitution was adopted, and Jefferson 
Davis, of Mississippi, was elected President.* 

The Fall of Fort Sumter. — For a short time it was 
thought that the North and the South could agree on some 
plan of compromise and that there would be no war. But 
on April i?,, iS6i, General G. T. Beauregard, t of Louisiana, 
who was in charge of the South Carolina defences, was in- 
structed by the Confederate Government to fire on Fort Sum- 
ter in Charleston Harbor. This step was taken because 
a fleet, with a large supply of provisions, was on its way from 
New York to aid Sumter in withstanding any attack. The 
fort was at this time occupied by United States troops under 
Major Robert Anderson, and it refused to surrender until it 

had been bombarded for 
thirty hours. This bom- 
bardment opened the war, 
for the "Fall of Sumter" 
aroused the North, and 
.President Lincoln called for 
75,000 volunteers to com- 
pel the South to come back 
into the Union. The terri- 
ble contest lasted four long 
years. Its course was mark- 
ed by famous battles and 
great deeds of valor. Among 
GEN. G. T. BEAUREGARD. thc soldiers of the South 

none gained greater fame than those from this State, but if 

* The list of Confederate States wa? as follows: South Carolina, Mississippi. 
Alabama, Georgia, Louisiana, Florida, Texas, Virginia, Arkansas, Tennessee, and 
North Carolina. Missouri and Kentucky did not secede, but the Southern sympa- 
thizers in these States formed revolutionary governments, which were recognized 
Dy the Confederacy. 

t General G. T. Beauregard became one of the most prominent generals on the 
Confederate side. As we have seen, he opened the war by the capture of Fort 




214 HISTORY OF LOUISIANA. 

we followed them in all their campaigns, we should have to 
give an account of the whole war. In this little volume, 
therefore, we shall relate only those events that occurred on 
Louisiana soil. 

Preparations for V/ar. — When the cry To Arms ! was 
heard in Louisiana, the greatest enthusiasm filled the hearts 
of the people. Business was forgotten, and preparations 
were made to send as many troops as possible to Virginia, 
which, it was known, would be the chief battle ground of the 
war. Those who failed to enlist were regarded as traitors to 
the South. The famous Washington Artillery paraded the 
streets of New Orleans amid the cheers of the people, and 
after listening to a stirring address from an eloquent preacher, 
took its departure for Richmond. Other companies followed, 
until the old city had few troops to defend her in case she 
was attacked. The soldiers of Louisiana had gone to win 
laurels for themselves on battle fields far from their native 
.State. At this time hardly any one thought that the war 
would ever reach Louisiana ; for the South believed she could 
successfully defend her territory against the Northern armies. 

QUESTIONS. 

Describe the approach of war. Give the causes of the war. Who 
was elected President in i860? When did Louisiana secede? Name 
the Confederate States. Describe the fall of Sumter, and the prepara- 
tion for war in Louisiana. 

Sumter. Subsequently he won great tame at Manassas and on other battle fields. 
After the war General Beauregard lived in New Orleans, where he died February 
20, 1S93. His body lay in state at the City Hall. In his honor the business of New 
Orleans was practically suspended and all public institutions were closed. 



THE CIVIL WAR — 1 86 1 -65. 



215 



CHAPTER XXXIII. 
THE WAR IN LOUISIANA. 

Importance of New Orleans. Its Defences. — For 

nearly a year the State remained undisturbed ; but in the 




winter of 1862 a Federal fleet and an army arrived at Ship 
Island, with the intention of attacking New Orleans. The 
aiain object was to get possession of the great highway of 



216 HISTORY OF LOUISIANA. 

America, the Mississippi river, and thus cut off the troops 
and supplies which the South could bring over from Louisi- 
ana and Texas to aid her army. But the North knew that 
unless New Orleans were captured, it would not be possible 
to hold the lower Mississippi. Extensive preparations, there- 
fore, had been made to seize the Crescent City. 

On the other hand, the Confederate Government does not 
seem to have appreciated the importance of New Orleans, 
for again, as in the days of the English invasion, the city 
was by no means well protected. At the Rigolets, Barata- 
ria Bay, and other inlets, there were some batteries, but they 
were very weak, and the only strong defences were on the 
Mississippi, about thirty miles from its mouth. These were 
Fort Jackson and Fort St. Philip, the latter of which had 
resisted the English so successfully in the days of Andrew 
Jackson. Besides the guns of these forts, there were in the 
Mississippi, just above them, eighteen war vessels to protect 
the passage of the river and prevent an enemy from slipping 
past. Below the forts the river was obstructed by a line of 
mastless vessels, placed across the channel and bound 
together by a number of iron chains. The entire river de- 
fence was under the command of General J. R. Duncan. 

Farragut's Fleet. — The Federal fleet at Ship Island was 
under Flag-Officer David G. Farragut, who was afterwards 
made an admiral for his splendid services on the Mississippi. 
H e was a Southern man, and had once lived in New Orleans, 
but when the war broke out he remained in the Northern 
service. He was one of the bravest and most skilful com- 
manders that the American navy has ever had. His fleet con- 
sisted of four powerful sloops of war, each one carrying oyer 
twenty guns, together with a number of gunboats and mor- 
tar schooners — amounting in all to forty-three vessels. Part 
of these were under Commander D. D. Porter. 

^arragut's plan was to come up the Mississippi, bombard 
the forts, and try to reach New Orleans. If this could be 



THE CIVIL WAR — 1861-65. 217 

accomplished, General B. F. Butler, at the head ot 15,000 
troops, was to follow him and occupy the city. 

The Passing of the Forts. April 23, 1862. — When this 
formidable fleet came within about half a mile of the forts, a 
terrible bombardment began and continued several days. 
Fort Jackson received the greatest part of the attack, and re- 
turned the fire of the Federal vessels with great spirit and 
accuracy. On the second day, the 19th of April, a shot from 
this fort struck one of Farragut's schooners, passed through 
her bottom, and sunk her. As there seemed to be no chance 
of reducing the forts, the bold Flag-officer determined to 
break through the obstructions and run past. On the 20th, 
after dark, two vessels were sent forward to investigate. One 
of these, the Itasca^ ran boldly against the chains which 
bound the old hulks together. These chains, not being suffi- 
ciently strong, snapped in two, and an opening large enough 
for the passage of the war vessels was made. For three 
more days, however, Farragut continued to bombard the 
forts, while he was busy making preparations to run the 
gauntlet. At 2 o'clock on the morning of the 34th, every- 
thing was ready, and the signal for the advance was made 
from the flag-ship. The excitement on both sides was in- 
tense. The forts knew that an attempt to run by them was 
about to be made ; but in the darkness the gunners could not 
aim very accurately. Still they made ready, and as the fleet 
began to pass, they poured upon'it a terrible discharge of shot 
and shell. Fire rafts were sent down to render the passage 
dangerous, and the flag-ship Hartford w^?i% soon in flames; 
but her crew extinguished the tire and she pressed on. The 
little Confederate fleet above the forts fought gallantly to 
defend the passage. The Governor Moore^ a Confederate 
gunboat, commanded by a skilful officer named Beverly 
Kennon, rammed and fired into the Federal vessel Varuna, 
which was so disabled that she sunk. But the Northern fleet 
was too powerful to be stopped, and though many of his gun- 



Ill Hi57:?-v :? -onsiAXA. 



C: . . ^:.'.7^ - ... - : .._ - .^. -. r. "v; 

before N=v. Orleans- 

Boming oi the Cotton. — As ^;: :.s :he -evr? :c t 
New Ofleans that Fanagnt had pa^i :he f:r:s. : : :.ay 
of tbe inhalMtaiits was so great th:-. -:- : ::e. 

Then as tbe people realised that zr :::: . ere 

not snflirient for its defence, they decided to destroy erery- 
duDg that might aid die enemy. The South had refused to 
let any cotton be exported, imagining that the factories of 
d>e NcMth would thereby be crippled, and that the want of 
this important staple would force foreign nations to aid the 
Confederacy. '"Cotton is king," was the cry, "and by 
widibolding it from the markets the South will win the day." 
Hence, there was at this time a large quantity of cotton in 
New Orleans, and the authorities were determined that it 
dioold not fall into the hands of the invaders. Twelve thou- 
sand bales were quickly piled upon the levee and set on fire ; 
warehouses were broken open, and barrels of sugar and 
molasses were added to the burning mass. The very gutters 
ran with molasses, and th? banquettes were covered with 
sugar. Many of the steamers at the levee were set on fire ; 
and a powerful gunboat called the .Mississippi, which 
had not been finished in time to be of any use, was sent 
down the river a mass of flames to meet Farragut's fleet. A 
cloud of black smoke rested over the city like a symbol of 
ruin and destruction. 

New Orleans Occupied by the Federals. — When Far- 
ragut had anchored in front of New Orleans, he sent an offi- 
cer to Mayor Monroe to demand that the city should be sur- 



THE CIVIL WAR — 1861-65. 219 

rendered and that the Louisiana flags should be removed 
from all public buildings. The mayor, probably hoping that 
something might still be done to save the city, refused to 
surrender, and for some days negotiations were carried on 
between him and Farragut. In the meantime, however, the 
Confederate forces in New Orleans under Gen. M. S. Lovell, 
being too weak to make a successful resistance, retired from 
the city. If any resistance had been made Farragut would 
have bombarded New Orleans and killed thousands of the 
inhabitants. The retreat of Lovell, therefore, was a wise 
measure. Moreover, the forts on the river had surrendered 
to Porter, who had been left in charge of the mortar schoon- 
ers. Finally, on the 30ch of April, Farragut sent two of his 
officers, with a strong guard, to the present City Hall, with 
orders to pull down the flag that waved there, and run up 
the "Stars and Stripes" in its stead. An immense crowd 
of citizens looked on ; but resistance was now useless, and 
none was made. New Orleans was in the hands of the 
enemy.* 

On May i. the city was handed over by Farragut to the 
control of General B. F. Butler, who had followed with a 
large army. Butler was a coarse, rough man, who treated 
the people with great indignity. His tyrannical behavior 
will long be remembered m New Orleans. The only thing 
that has been said to his credit is that he cleansed the city 
and kept it in the best sanitary- condition that it has ever 
known. This task, however, was rendered easy by the fact 
that the city had been deserted by a large number of the in- 
habitants. Moreover, the absence of foreign trade during 
the war helped to keep all Southern cities free from disease. 

• Before Farragnt had taken possession of New Orleans, a United States flag 
was placed over the Slint by the crew from one of his vessels. As the city had not 
surrendered, this act caused a great deal of indignation. Three bold youths, Har- 
per, Burgess, and Canton, under the leadership of W. B. Murr.ford, determined at 
the risk of their lives to pull it down. Adolphe Harper was th* first to reach the 
flag. He and his companions handed it over to Mumford, who drag-ged it through 
the streets in triumph. \\'hen Butler took command of the city he had Mumford 
arrested, tried, and hanged. The three youths escaped. As the flag had been 
placed on the Mint without the orders of Farragut, the execution of Mtunford was 
aajtut and cruel. 



220 HISTORY OF LOUISIANA. 

The fall of New Orleans was a great blow to the Southern 
Cause. It was held till the close of the war by Union sol- 
diers, who thus controlled the mouth of the Mississippi, and 
at the same time had a convenient point from which to at- 
tack the Confederates. 

QUESTIONS. 

How was New Orleans defended? Why was New Orleans an im' 
portant city to capture? Describe the passing of the forts. What was 
the effect of the news in the city? Describe the occupation of New 
Orleans. 



CHAPTER XXXIV. 
THE WAR IN LOUISIANA — CONTINUED. 

The Opening of the Mississippi. — As a Federal fleet 
had already descended the Mississippi to a point some dis- 
tance above Vicksburg, Farragut determined to join it and 
thus complete the "clearing" of the riven Accordingly, 
after the capture of New Orleans, he sent up the river seven 
of his war vessels. When these reached Baton Rouge, that 
town, which was not fortified, quickly surrendered. Such, 
also, was the fate of Natchez ; but Vicksburg refused to sur- 
render. Farragut now arrived from New Orleans, and 
taking a number of his vessels, he ran past the batteries at 
Vicksburg to join the Union fleet above. As he went by, 
the guns on the heights of Vicksburg rained down shells 
upon his fleet, but though they killed fifteen of his men and 
wounded thirty, they did not succeed in stopping him. His 
guns answered those on the heights, but did no damage to 
the Confederates. 

Thus Farragut had shown that he could pass the fortifica- 
tions, though he had clearly seen that Vicksburg was too 
strong to be captured without the help of a land army. After 



THE CIVIL WAR — 1S61-65. 221 

joining the upper fleet and remaining with it awhile, he re- 
turned to New Orleans. The river was falling rapidly and 
the malaria had attacked so many of his sailors that he was 
glad to escape from the unhealthy district around Vicksburg. 
Some powerful vessels, however, were left above Baton 
Rouge to watch a dangerous Confederate ram named the 
Arkansas. This ram was armed with ten guns and covered 
with railroad iron three inches thick ; and when Farragut 
was above Vicksburg she had come down the Yazoo river, 
run the gauntlet of the whole Union fleet, and taken refuge 
under the batteries of the city. 

The Confederates Attack Baton Rouge. — When Far- 
ragut retired, a strong Federal force under General Thomas 
Williams took possession of Baton Rouge. This was the 
Capital of Louisiana, and the Confederates determined to 
make a desperate attempt to drive away the Federals and re- 
cover the town. If Baton Rouge could be retaken, the Mis- 
sissippi from that point to Vicksburg would be practically 
under the control of the South, and the Red river, from the 
banks of which all sorts of supplies could be brought for the 
support of the Southern army, would be open to Confeder- 
ate steamboats. Accordingly a large force under General 
John C. Breckinridge, a brave Kentuckian, was sent down 
from Vicksburg to attack General Williams. As the Fed- 
eral gunboats were still in the river, General Breckinridge 
ordered the ram Arkansas to drop down the Mississippi, 
clear the river, and join him at Baton Rouge. With the as- 
sistance of the ram on the water side, he hoped to make a 
successful attack upon the town. As soon as the Arkansas 
left Vicksburg, the telegraph announced the fact to Breckin- 
ridge, and he waited to hear her guns upon the river. But alas! 
the famous boat never reached Baton Rouge. Her engines, 
which had been badly constructed, were now out of order. 
As she descended the river every effort was made to repair 
them ; the loud blows of hammers were distinctly heard from 



222 HISrORY OF LOUISIANA. 

the banks. Nothingf, however, could be done, and when she 
reached a point a few miles above the town, there was a 
crash in the machinery, and the Arkansas lay almost helpless 
upon the Mississippi. Without the power to move quickly 
she was useless. And now the enemy began to draw near. 
What was to be done.'' The decision was prompt. Head- 
ing the vessel for the bank, the men jumped ashore, and her 
commander, Lieutenant Stevens, set her on fire and turned 
her adrift. It was a memorable scene. The Confederate 
flag still waved above her, and every gun was loaded. As 
the flames began to spread, her great guns pealed out, one 
after another, threatening destruction to the approaching 
enemy. Then when the fire reached her magazine there was 
a mighty report, and the fragments of the powerful Confederate 
iron-clad were hurled in every direction. Though no Arkansas 
came to his aid, Breckinridge bravely attacked the Federal 
troops in the town, and in his first assault carried everything 
before him. General Williams on the Union side was killed at 
the head of his men, and if Breckinridge had been supported 
from the river, the capture of Baton Rouge would have been 
complete. But in the face of the Federal gunboats, which 
were now rapidly firing, the Confederates could not hold 
their position, and Breckinridge was compelled to order a 
retreat. The attack was one of the boldest feats of the war, 
for the Federals were superior in numbers and were 
splendidly equipped, while Breckinridge's soldiers were, 
many of them, without coats, shoes, or socks. Already the 
j^reater wealth of the North was shown by the bountiful sup- 
plies that came for her soldiers; the poor Confederates often 
lacked the necessaries of life. The very table covers in New 
Orleans had been cut into coats for Southern soldiers shiver- 
ing with cold upon the bleak hills of Virginia. 

After the failure to take the Capital, the Confederates 
fortified Port Hudson, and the Union soldiers soon after gave 
up Baton Rouge and retired to New Orleans. 



THE CIVIL WAR — 1 86 1 -65. 



223 




General Taylor in Southern Louisiana. — Some weeks 
after the attack on Baton Rouge there arrived at Opelousas 
one of the most gallant of the Confederate generals. This was 
General " Dick" Taylor, who had already distinguished him- 
self in Virginia under Stonewall Jackson, and who was now 

sent to take command of all the 
forces in Louisiana. He was a 
native of the State, and was a son 
of General Zachaiy Taylor, who, 
after his famous campaign in the 
Mexican war, had been elected 
President of the United States. 
Having inherited his father's 
skill in battle, General "Dick" 
proved himself a splendid officer. 
As soon as he arrived, General 
Taylor, with great energy, under- 
took the raising of an army to 
defend the State against the ad- 
vance of the Federals, and to keep open a road for the pas- 
sage of supplies to the Confederate troops east of the Mis- 
sissippi. The Governor of Louisiana, Thos. O. Moore, met 
him at Opelousas and turned over to him a few State troops. 
To these were soon added some companies from Texas. 
Great assistance was given by Ex-Governbr Mouton, of 
Lafayette, who was very popular in that portion of the 
country, and who brought many of the Acadians under the 
Confederate flag.* Five companies of soldiers from St. 
Mary parish, under Colonel Fournet, took service, and thus 
Taylor's little army gradually increased. When he arrived 
there seemed to be no money and no troops ; but he tells us 
that the brave Creoles of that portion of the State were devoted 
to the Confederacy, and gave him invaluable help. Very 

• See Tavloi's " Destruction and Reconstruction," a work to which we wish to 
acknowledge our great obligations for the account of the Louisiana campaign. 



GENERAL RICHARD TAYLOR. 



224 HISTORY OF LOUISIANA. 

soon, also, Taylor was joined by General Alfred Mouton, a 
son of Governor Mouton. This general served with great 
gallantry till he met his death at Mansfield. 

The Salt Mines. — About this time an important discovery 
was made on Avery's Island, near New Iberia, a discovery 
which may best be described in General Taylor's own words. 
-' Salt wells had long been known to exist on Avery's Island, 
' and some salt had been boiled there. The want of salt 
' was severely felt in the Confederacy, our only considerable 
' source of supply being in Southwestern Virginia, whence 
' it was not easily obtained. Judge Avery, the owner of 
' the island, began to boil salt for his neighbors, and desir- 
' ing to increase the flow of brine by deepening the wells, 
'came unexpectedly upon a bed of pure rock salt, which 
' proved to be of immense extent. Intelligence of this 
' reached me at New Iberia, and induced me to visit the 
' island. Devoted to our cause. Judge Avery placed the 
' mine at my disposal for the use of the Government. Many 
' negroes were assembled to get out salt, and a packing 
' establishment was organized at New Iberia to cure beef. 
' During succeeding months large quantities of salt, salt 
' beef, sugar, and molasses were transported by steamers 
' to Vicksburg, Port Hudson, and other points east of 
' the Mississippi. Two companies of infantry and a 
' section of artillery were posted on the island to preserve 
' order among the workmen, and to secure it against a 
' sudden raid of the enemy, who later sent a gunboat 
' up the Petite Anse to shell the mine, but the gunboat 
' became entangled in the marsh, and accomplished 
' nothing." 

Since the war this salt mine has been found to be practi- 
cally inexhaustible, and it will long continue to be a source 
of wealth to its owners. At the present day the mine is one 
of the most remarkable sights in Louisiana. Vast halls 
adorned with pillars have been cut out of the solid salt, and 



THE CIVIL WAR — 1861-65. 225 

when the whole is illuminated by artificial light, it resem- 
bles some enchanted subterranean palace. 

QUESTIONS. 

Tell about the ''clearing" of the Misbissippi. Tell about the ram 
Arkansas. Why did the Confederates attack Baton Rouge? Describe 
the attack. Tell about the hardships of the Southern soldiers. What 
general now took command of the forces in Louisiana? What troops 
did he muster? Tell about the discovery of the Avery salt mines. 



CHAPTER XXXV. 
THE WAR IN LOUISIANA — CONTINUED. 

Fighting on Bayou Lafourche and the Teche. — General 
Taylor had not long to wait for the enemy. On the 27th of 
October, 1862, General Weitzel, with a large body of Fed- 
eral troops, advanced from Donaldsonville towards Labadie- 
ville in Assumption parish. The Confederates, under Gen- 
eral Mouton, were on both sides of Bayou Lafourche, and as 
there was no bridge, they could not combine against the 
enemy. At Labadieville, however, Colonel Armant, with 
about five hundred men and a battery, opposed the advance 
of Weitzel's army, which numbered four thousand. The 
contest was brief but sharp. Many were killed on both sides ; 
but Armant, having used all his ammunition, was forced to 
retire. General Mouton then fell back with all his troops 
to Berwick Bay below Morgan City. 

Finding here that Federal gunboats were preparing to 
come up from Atchafalaya Bay, he retreated along the Teche. 
Weitzel followed slowly, and there were a number of 
skirmishes. In one of these the Federal gunboats attacked 
the Cotton^ a river steamer which the Confederates had 



226 HISTORY OF LOUISIANA. 

armed, and forced her commander, Captain Fuller, to burn 
her in the Teche. Weitzel seems now to have been content 
with his success, for he remained quiet during several months 
at Berwick Bay. 

In the month of April, 1863, he was reinforced by large 
bodies of troops until the Federal army numbered 16,000 men. 
The officer in command was General N. P. Banks, who had 
succeeded General Butler in New Orleans. Though Tay- 
lor's entire force was only 3000 men, he felt that some effort 
must be made to resist the enemy, and he determined to 
throw up breastworks at Bisland, between Franklin and 
Morgan City. Here the Confederates made a magnificent 
stand for two days, but finding that a portion of the Federal 
army was trying to cut them off in the rear, they were 
forced to retreat. As the Confederates fell back, the Union 
army advanced northwards through Louisiana until it reached 
Alexandria on Red river, while General Taylor stationed 
himself at Natchitoches.* 

Trans-Mississippi Department.— In March of this year 
(IS63) Lieutenant-General E. Kirby Sniitht had been sent 
by President Davis to take charge of the whole Trans-Mis- 
sissippi department, which consisted of Missouri, Arkansas, 
Texas, Louisiana, and some of the Territories. Great powers 
were given to the new commander ; he was to conduct the 
campaign as he thought best, and all the other generals west 
of the Mississippi, including General Taylor, were to obey 
his orders. His headquarters were at Shreveport on Red river. 

Port Hudson and Vicksburg. — After remaining some 
weeks at Alexandria, General Banks retired from Louisiana, 
and crossing the Mississippi laid siege to Port Hudson, 

* On the 3oth of April Fort Butte k la Rose had fallen into the hands of the 
enemy. This little fort had been established on the Atchafalaya, not very far dis- 
tant from St. Martinsville. With four guns and a garrison of only sixty men, it had 
bravely defended the Atchafalaya and driven off some of the enemy's gunboats; 
but it was finally captured by a superior force of Federals. 

t After the war General Smith became a professor at Sewanee, Tenn., where he 
died in 1S93. 



THE CIVIL WAR — 1 86 1 -65. 



227 




I.IKUT. GEN. E. KIRBY SMITH. 
(Taken in 1893.) 



which, as we have seen, was held by the Confederates. At 
this time Vicksburg, also, was undergoing the horrors of a 
siege. General Grant had shut up there the Confederate 

army under General Pemberton, 
and with the assistance of a fleet, 
he was bombarding the city. If 
Vicksburg and Port Hudson fell, 
the Mississippi would be in the 
power of the Federals, and the 
prospects of Louisiana would be 
indeed gloomy. 

Taylor at Berwick Bay. — 
When the enemy retired across 
the Mississippi, General Taylor 
determined to return to Southern 
Louisiana and attack a body of 
Federals that had been left at 
Berwick Bay. His expedition was planned with great skill 
and was entirely successful. The forces under General 
Thos. Green and General Mouton, who were then about one 
hundred miles apart, were ordered to meet at the Bay on 
the 23d of June. They arrived on time, and General 
Green planted a battery on the west side of the Bay. His 
object was to drive off a Federal gunboat, which had been 
left there to protect the camp of the enemy oh the east 
bank. General Taylor then ordered Major Hunter with a 
body of Texas troops to await the opening of Green's 
guns, and then dash in upon the enemy from the rear. 
All this was well executed. Before the astonished Fed- 
erals could arouse themselves. Green had charged with his 
Texans and captured the whole camp, with the exception 
of a few men who escaped on a railroad train. General 
Taylor describes the scene as one of great excitement and 
confusion. Seventeen hundred prisoners were taken, but 
three-fourths of them were wounded and convalescents left by 



228 HIS'/ORY OF LOUISIANA. 

General Banks. These were cared for, and as many as 
possible were sent to New Orleans with their surgeons. The 
spoils found in the camp were immense. They consisted of 
twelve cannon, many small arms, and a great quantity of 
ammunition, provisions, and medicines. So much rich booty 
the poor Confederates had not seen for a long time, and 
during several months they lacked nothing that was necessary 
for their comfort. 

Fall of Vicksburg and Port Hudson — Taylor's Re- 
treat. — After this successful expedition, General Taylor 
marched over to the Mississippi, and placed a battery of 
twelve guns on the river, with the hope of cutting off the 
Federal communication between Fort Hudson and New Or- 
leans. In about a week, however, sad news reached him. 
On the 4th of Ju'y, 1863, Vicksburg had surrendered to 
General Grant. Five days later Port Hudson, finding fur- 
ther resistance useless, had capitulated to General Banks.* 
Thus at last the Mississippi was wholly in the power of the 
North ; the Confederacy was split into two parts, which 
could no longer communicate with each other. As we shall 
see, however. General Taylor did not despair of holding 
Western Louisiana. 

Having accomplished their object on the east bank of the 
river, the Federals under General Weitzel — six thousand 
strong — crossed over to Donaldsonville. Taylor, who had a 
force of only three thousand men, and who feared that the 
enemy might come down the Atchafalaya and cut him off, 
retired with his little army to Berwick Bay. This he crossed, 
carrying with him the rich plunder which he had captured. 
During the next few months there was lively skirmishing in 
the country between Opelousas and New Iberia. The only 
considerable engagement was at Bayou Bourbeau near Ope- 

*Tlie defence of Port Hudson by Louisiana troops under General Gardner. 
who was al->ly sjcoiulcd liy liis cluef of artillery, Col. Marsliall J. Smith, was one ot 
tlu" most jja.lunt 'liat weiu made during the war. 



THE CIVIL WAR — 1861-65. 229 

lousas, where the Federals were defeated by General Green 
and six hundred prisoners taken. 

Southern Losses in 1863. — During the rest of the year 
1863, and the first months of 1864, there was no fighting of 
importance in Louisiana. But the year 1863 had been 
marked by great misfortunes for the Confederates. On the 
ist of January President Lincoln had issued his famous 
Emancipation Proclamation, by which he declared all the 
slaves to be free. Many of them still remained faithful to 
their old masters ; but some ran away from the South and 
enlisted in the Northern armies. Moreover, not only had 
Vicksburg fallen and the Mississippi passed into the hands 
of the Federals ; but on the 3d of July, General Lee had 
been defeated at Gettysburg, Pennsylvania, with a loss of 
21,000 men. This was a series of disasters from which 
the South could never entirely recover. Her means of 
carrying on the war were diminishing every day, while the 
North seemed to be as rich as ever. Still many brilliant 
victories were yet to be won bj- Southern leaders, espec- 
ially by Lee in Virginia ; and the war was to last nearly 
one and a half years longer. 

QUESTIONS. 

Tell something about the fighting around Bayou Lafourche. Where 
are Bayou Lafourche, the Teche, Berwick Bay? What power was 
given to General Kirby Smith? Who was in charge of the Union 
army? Tell about the seige of Vicksburg. Taylor at Berwick Bay. 
Fall of Vicksburg and Port Hudson. Tell about the Southern losses 
in 1863. 



230 HISTORY OF LOUISIANA. 

CHAPTER XXXVI. 
THE CLOSE OF THE WAR. 

Banks' Raid ; the Federals Attempt to Occupy West- 
ern Louisiana. — In the spring of the year 1864, the Fed- 
erals seemed determined to crush all opposition in Louisiana. 
On the 1 2th of March seventeen gunboats under the com- 
mand of Admiral Porter entered the mouth of Red river. 
This fleet protected 10,000 men under General A. J. Smith. 
The troops landed at Simmsport on the Atchafalaya, 
and marching forward the next day, reached De Russey, a 
little fort on the Red. As the fortifications here had not been 
completed, there could be no successful resistance, and the 
enemy seized the garrison and ten guns. Another Federal 
army of 18,000 men, under General Franklin, now 
marched up the Teche to join Smith at Alexandria. 
Thus the force that was intended to overwhelm Louisiana 
consisted of 28,000 men and a strong fleet of gunboats. The 
commander-in-chief of the expedition was General N. P. 
Banks, who had occupied Alexandria the year before. Be- 
sides his present army. Banks was informed that General 
Steele, with 7000 men, would march down from Arkansas 
and join him at Shreveport. 

Taylor's Retreat to Pleasant Hill and Mansfield. — 
General Taylor had been warned of the arrival of this great 
force, and he had fallen back towards Pleasant Hill and 
Mansfield. General Kirby Smith, who had fortified himself 
at Shreveport, thought it unwise for Taylor to try to make a 
stand against so large an army. But Taylor determined to 
risk a battle as soon as he saw a good opportunity. His army 
had been reinforced, and he had under him some excellent 
soldiers, and several distinguished officers. The chief of 
these were General Mouton, General Thos. Green, and Gen- 
eral Charles Polignac. The last was a French Prince, who 



THE CIVIL WAR — 1861-65. 231 

had come over to America to fight for the South. He had 
charge of a Texas Brigade, who did not at first like to be 
commanded by a Frenchman, but Polignac soon proved him- 
self so brave and so skilful that his men regarded him with 
admiration and affection. 

The Battle ot Mansfield, April 8, 1864.— When Taylor 
had collected his troops at Pleasant Hill and Mansfield, he 
discovered that Banks was following him. Banks* army, 
however, was divided into large bodies, which were sepa- 
rated from one another by considerable distances. Taylor 
immediately decided to attack each body in turn, and thus 
try to rout the whole army. On the 8th of April he drew 
up his forces at Sabine Cross Roads, three miles in front of 
Mansfield. He had 8800 men — 5000 horse, 500 artillerymen, 
and 3300 infantry. Of Banks* large army only 5000 were 
in sight, but more troops were rapidly coming up. When 
the advance columns of the enemy appeared, it was im- 
possible to restrain the Louisiana troops, for they felt 
that they were defending their native soil. Rushing for- 
ward under General Mouton they carried everything be- 
fore them. The other brigades were equally successful; 
but as the Louisianians approached the Federal lines, they 
had to meet a deadly fire from the enemy's artillery. One 
of the first to fall was the brave Mouton. It is said that 
he stopped to protect some Federal soldiers who had 
thrown down their arms and surrendered. While he sat 
upon his horse, waving to his men not to fire, some of the 
Federals picked up the guns they had thrown down and shot 
their protector through the breast. Not one of them, how- 
ever, survived this act of treachery. Polignac quickly took 
Mouton*s place, and the Confederates pressed on, routing 
each new body of Federal troops as it was met. The pur- 
suit was stopped only by the darkness. " The fruits of the 
victory of Mansfield," says Taylor, " were twenty-five hun- 
*' di*ed prisoners, twenty pieces of artillery, several stands of 



232 HISTORY OF LOUISIANA. 

" colors, many thousands of small arms, and two hundred 
" and fifty wagons." It is estimated that Banks' force en- 
gaged in this battle amounted to about 13,000 men. 

Pleasant Hill, April 9. — To complete his victory by at- 
tacking Banks on the following morning was Taylor's im- 
mediate decision. By that time, however, the enemy had 
taken a strong position at Pleasant Hill, and being reinforced 
by fresh troops, had in line about 18,000 men. Taylor, 
therefore, waited till he could be joined by General 
Churchill, who was coming up with several brigades com- 
posed of Arkansas and Missouri troops. With the addition 
of these, his army amounted to 13,500, but the new 
men were so wearied from a long march that the at- 
tack on the Federal lines could not be made before 
3 o'clock in the afternoon. Churchill's troops were ordered 
by Taylor to march around through some woods and "turn 
the enemy's left." Having passed through the woods, the 
Missouri troops charged with great bravery, but unfortunately 
they made a mistake in choosing the point of attack, and 
were finally forced to retreat. Polignac's division, however, 
and General Green's dismounted horsemen drove back the 
enemy on their front, and at nightfall the Confederates were 
in possession of the field. Under cover of the darkness the 
Federals retreated as fast as possible to Grand Ecore on Red 
river. Banks afterwards claimed a victory at Pleasant Hill, 
and declared that he retired because his army lacked water 
and provisions ; but Admiral Porter, in his report, describes 
the whole expedition up the Red river as a complete failure. 
The Confederates, on their side, considered that they had 
won the day, and General Smith issued the following general 
orders : 

" Shreveport, La., April 19, 1864: God has blessed our 
" arms with signal victories at Mansfield and Pleasant Hill. 
" The General commanding finds it an appropriate occasion 
" to pay a well merited tribute to the endurance and valor 



THE CIVIL WAR— 1861-65. 233 

' of the troops engaged in these battles. Collected from re- 
' mote points — from Missouri, Arkansas, Louisiana, and 
' Texas — after long and tedious marches, their combined 
' courage has gained on the soil of Louisiana the patriot sol- 
* dier's highest reward, victory. * * * In the name of 
' a grateful people I thank them for this splendid result. 
' While we mourn for the glorious dead and sympathize 
' with the heroic wounded, let us take courage for the 
' future. * * * The names of Mansfield and Pleasant 
' Hill will be inscribed on the colors of the regiments en- 
' gaged in these battles. By command of General E. 
' Kirby Smith." 

The Pursuit of Banks. — General Kirby Smith and Gen- 
eral Taylor did not agree as to the best manner of conducting 
the campaign after the battle of Pleasant Hill. Taylor 
thought that Banks should be pursued with all the available 
forces, and every effort made to destroy his army. General 
Smith feared that General Steele with 7000 Federals 
would advance to attack Shreveport, and taking a por- 
tion of Taylor's iufantry, he set out to meet Steele. The 
latter retired into Arkansas, and as Smith pursued him, Tay- 
lor was left without sufficient force to do more than worry 
Banks on his retreat. Taylor thought that he had been badly 
treated by his commanding officer; but it was simply an hon- 
est difference of opinion as to what was the best course to 
pursue. 

From Grand Ecore, Banks retired to Alexandria, destroy- 
ing property as he went ; while the Federal fleet, a part of 
which had ascended as high as Springfield Landing, about 
thirty miles below Shreveport, now dropped down the Red 
to cover Banks' retreat. A small battery of four guns (the 
Federals maintain that there were eighteen) under Captain 
Cornay, a brave officer, had been placed by the Confed- 
erates near the junction of Cane river and Red river. It 
was supported by two hundred riflemen. As Porter's fleet 



234 HISTORY OF LOUISIANA. 

reached this point the little battery opened fire upon his gun- 
boats. One of them was cut to pieces, while the others suf- 
fered terribly. Captain Cornay, however, was killed, and 
Porter succeeded in passing. The battery's fire, Porter after- 
wards declared, was the heaviest he ever witnessed. 

When the Federal fleet reached the Red River Falls, near 
Alexandria, it was discovered that the water was too low to 
allow the gunboats to pass. There was a depth of only 
three feet four inches, while the largest boats required about 
seven feet. At first it looked as if the fleet must fall into the 
hands of the Confederates. But finally an engineer, Colonel 
Joseph Bailey, proposed a plan by which a dam might be 
built across the river The task was a very difficult one, for 
at this point the river is seven hundred and fifty-eight feet 
wide and the current is swift. For eight days, however, sev- 
eral thousand men worked day and night, and finally the dam 
was completed. But as a portion of it was carried away by 
the current, it became necessary to build an additional one 
above. By means ot the two the depth of the water was in- 
creased sufficiently to allow all the vessels to pass over. This 
was a splendid piece of engineering work, the remains of 
which were still visible a few years ago. Colonel Bailey, 
who planned it, was raised to the rank of brigadier general, 
and received the thanks of the United States Congress. With 
the protection of the fleet, Banks now retreated to Simmsport. 
The Confederates, hanging upon his flanks, succeeded in 
cutting off many of his men ; but on May 20th he crossed 
the Atchafalaya. Here, as the Mississippi was in the pos- 
session of the Federals, the Confederates had to give up 
the pursuit. 

End of the War. — From this time on there was no more 
fighting in Louisiana. Nearly a year later General Robert 
E. Lee, the great Southern commander-in-chief, surrend- 
ered to General Grant in Virginia, and thus put an end to 
the war. The South had fought a noble fight, but it was 



THE CIVU. WAR — 1861-65. 



235 



impossible for her to struggle any longei against the over- 
whelming numbers of the North. 

By this terrible contest between the two sections, the ques- 
tion of secession was settled forever. Perhaps it could not 
have been settled in any other manner. At the present day 
the Southern people, while they still maintain that their in- 
terpretation of the Constitution was the true one, have ac- 
cepted " the judgment of war," and are now firm in their 
loyalty to the Union.* 

General H. W. Allen, Governor. — In 1864, while the 
war was going on, an election for governor was held in 

Louisiana. In the New Or- 
leans district, Michael Hahn, 
a Union man, was chosen ; but 
his authority was recognized 
only in that portion of the 
State which was controlled by 
the Northern soldiers. The 
rest of the State chose as gov- 
ernor General Henry W. Allen, 
who, though born in Virginia, 
was an adopted son of Louis- 
iana. General Allen had been 
a gallant soldier, and had 
served under Breckinridge in 
the famous attack on Baton 
Rouge. Here he was wounded so desperately that it was 
thought he must die. Thanks to a good doctor, however, he 
recovered. As governor he won the love and respect of all 
Louisianians. Shreveport became the capital of the State, 
and it was here that Allen resided. The State had been de- 




*The Fourteenth Amendment to the Constitution of the United States, passed 
after the war (i86S), declares: "All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of the United States 
and of the State wherein they reside." '1 his amendment abolishes forever the con- 
stitutional rigfht of secession. No " citizen of the United States " can take up arms 
against the General Government. 



236 HISTORY OF LOUISIANA. 

vastated by the armies that had occupied it so long; and at 
the close of the war the misery and want were such that, m 
many cases, the inhabitants of the parishes were on the point 
of starvation. Governor Allen nobly came to their relief. 
To raise money for the purchase of provisions was almost an 
impossibility; but, by his heroic exertions, it was accom- 
plished. Not only was food sent wherever it was needed, 
but a great number of the poor were aided in their efforts to 
begin life anew. Other good deeds of the "War Governor " 
are held in grateful remembrance. When, however, peace 
was finally made, Governor Allen, whose health had been 
shattered by his wounds, retired to Mexico, where he died in 
1866. His remains are buried in Baton Rouge. 

QUESTIONS. 

What was Banks' whole force? What was the difference of opinion 
between Taylor and Smith? Tell about the battle of Mansfield. How 
many soldiers fought on each side? Tell about the battle of Pleasant 
Hill? What was the result of Banks' Red river campaign? Describe 
the pursuit of Banks. How did Porter pass Red River Falls? How 
did the war end? Give an account of Governor Allen. 



RESTORATION TO THE UNION. 237 



RESTORATION TO THE UNION. 



CHAPTER XXXVII. 
AFTER THE WAR. 

Reconstruction. — Louisiana had suffered terribly during 
the war. Her rich fields had been laid waste, her sugar 
houses had been burned, and, saddest of all, thousands of 
her brave sons had perished on the battle field. When the 
survivors returned to their homes, they took up once more the 
duties of life with the hope of restoring their fortunes by 
courage and industry.* The war had served one good pur- 
pose ; it had taught those who fought in it to bear misfor- 
tunes bravely. But alas! for the next twelve years Louisiana 
was destined to suffer almost as much as during the war 
itself. 

In December, 1865, there was added to the Constitution of 
the United States the Thirteenth Amendment, which declared 
that slavery was forever abolished. But Congress, which 
was now largely composed of Republicans, was afraid that 
the freedmen might not obtain the right of suffrage 'in the 
South. It decided, therefore, that the Southern States should 
not send representatives to Congress and should not control 
their own governments until they had been "reconstructed." 
This meant that in these States strong military governments 
were to be established by the President, and that these were 
to frame new constitutions, guaranteeing to the freedmen the 
right to vote, and excluding from office all prominent Con- 
federates. f As soon as the rights of the freedmen had been 

* General Richard Taylor tells us that at the close of the war his plantation had 
been confiscated, and that his whole fortune consisted of two horses, one of which 
was lame and unfit for service. 

tAfter "reconstruction" these Confederates were not admitted to Congress untlj 
they had been pardoned. 



238 HISTORY OF LOUISIANA. 

thus secured, the States were to be readmitted to the 
Union. 

Political Adventurers. — In i86S, Louisiana having been 
duly "reconstructed," was readmitted to the Union.* But 
this was not to be the end of her troubles. Crowds of Re- 
publican adventurers, who had hurried down from the North, 
got possession of the State Government. This was easy to 
do ; for according to the new constitution, framed in iS68, the 
Southern Democrats who had taken a prominent part in the 
war were not allowed to vote, and the freedmen naturally 
thought that they must support the Republicans, who had 
abolished slavery. Hence, a bitter contest arose between the 
Democrats, who owned all the property in the State, and the 
political adventurers, who held all the offices. These latter 
were called in the South "carpet-bag" politicians, because it 
was said that they brought with them from the North noth- 
ing but their carpet-bags. 

The new-comers soon began to seize the public money, 
large sums of which they put into their own pockets or spent 
in keeping themselves in office. All their actions were sup- 
ported by fi band of soldiers called the Metropolitan Police, 
and by United States troops, which had been sent by the 
President " to keep order in Louisiana." Hence there fol- 
lowed a period of shameless corruption. In a few years the 
public debt of Louisiana was increased by the sum of $40,- 
000 000. Taxes became extremely high, and the people of 
the State, who had been much impoverished by the war, 
were now overwhelmed with debt. After a while, however, 
the Republicans began to quarrel among themselves. H. C. 
Warmoth, who had been elected governor in 186S, was im- 
peached and suspended from office in 1872 by a hostile wing 
of his own party. For one month P. B. S. Pinchback acted 



* Michael Halin, who was elecled governor in 1S64, resigned in 1S65, and was suc- 
ceeded bv another Union m.in. J. M Wells. Tiie "reconstruction" governors 
were B, F Flanders and Joshua Raker. The former served Iroin J une, 1S67, to 
January, 1S6S, and the latter from Jainiar , 1S08, till July of the same year. 



RESTORATION TO THE UNION. 239 

as governor. In 1S73 he was succeeded by another Repub- 
lican, Wm. P. Kellogg. 

The White League. — The Louisianians soon saw that if 
they wished to enjoy their right of free government, they must 
take up arms against the oppressors. A great number of the 
most prominent men in various parts of the State, therefore, 
formed themselves into what was called the White League.! 
The object of this organization was to rescue the State from 
the "carpet-bag" government and restore it to the white 
Democrats. " Resistance to tyranny! " was the cry in all the 
parishes. At St. Martinsville the people rose and drove 
back an armed vessel called the "Ozark," which the Repub- 
lican governor, Wm. Pitt Kellogg, had sent to arrest the 
principal citizens of town because they refused to pay taxes 
for the support of his government. Finally, on the 14th of 
September, 1874 — a day ever memorable in the annals of 
New Orleans — there was a battle between a detachment of 
the League and Kellogg's Metropolitan Police. Some fire- 
arms for the League had been brought to the city by steamer, 
and Kellogg declared that they should not be delivered to 
their owners. The forces of the White League, under Gen- 
eral Fred N. Ogden, marched to the foot of Canal street 
with the intention of taking possession of the arms. Here 
they were met by the Metropolitan Police under General 
Longstreet, and there was a sharp contest, in which forty 
men were killed and one hundred were wounded. The 
White League was victorious. The Metropolitans were 
scattered, and the pieces of artillery which they had placed 
upon the levee were turned against themselves. 

When the battle was over, it was found that slxlccn 
Leaguers lay dead or dying on the street.* With their 

* On the 14th of September. 1891, a monument to the memory of these heroes 
was dedicated with appropriate ceremonies. It stands at the foot of Canal street, 
and bears the names of those who fel] in defence of free government. These names 
should never be forgotten: H zonicr, Betz, Brulard, Crossin, Considine, Feuil- 
lan, Gautler, Oourdain, Graval, Lindsey, Mohrpian, Newman, Robbins, Tole- 
U.ino, Wells, and West. 

J Outside of New Orleans, " The White Man's Party." 



240 



HISTORY OF LOUISIANA. 



deaths, however, began a new era in Louisiana ; for the peo- 
ple of the State felt that their cause had been sanctified by 
the blood of these brave citizens, and that they must never 
give up the struggle until they had won back the right to 
govern themselves 

Kellogg's troops had been defeated ; but he himself had 
taken refuge in the Custom House. While here he appealed 
to the President for help. His request was granted, and with 
the aid of United States troops he was once more installed 
as governor.* 

F. T. Nicholls, Governor. — In 1876, however, a new 
election was held. The Democrats, by a majority of 8,000, 

carried the State for Francis 
T. Nicholls. Many of the 
colored people, preferring to 
live in peace with the white 
landowners, left the Republi- 
can party of their own free 
will, and voted with the Dem- 
ocrats. Kellogg's party, how- 
ever, maintained that a ma- 
jority of the votes had been 
cast for their candidate, a 
United States marshal named 
Packard, whom they hoped to 
keep in office by means of 
United States soldiers. Nicb- 




FRANCIS T. NICHOLLS. 



oils, who had been a brave soldier, now showed that he 
was a devoted patriot. With calm courage he declared that 
at all hazards he would guard the rights of his State. "I 
" have been elected governor," he said, "and I intend to 
"be governor." The Louisianians rallied around him, ready 
to defend him at the point of the bayonet. 



* The Democrats had elected John McEnery governor, and D. B. Penn lieuten- 
ant-governor, but both were now forced to retire. 



RESTORATION TO THE UNION, 241 

In January, 1S77, therefore, two governors were inaugu- 
rated in Louisiana ; Nicholls openly on tlie balcony of 
the court building that overlooks Lafayette Square, and 
Packard behind closed doors in the State House (now 
Hotel Royal). Here, guarded by Federal troops, Packard 
and his followers remained for several months, while the 
White League held all the courts for Nicholls.* Finally, in 
April, 1877, a committee sent down from Washington to 
to investigate the strange condition of affairs in Louisiana, 
advised the President to withdraw the Federal troops. 
Without troops, Packard could do nothing, and his govern- 
ment immediately fell to pieces The "carpet-baggers" 
soon after departed from Louisiana, and the State once more 
enjoyed a free government 

Such is a brief summary of the important events from the 
close of the war to the year 1877. It is a far more agreeable 
task to take up the subsequent history of Louisiana, and tell 
how the State drew herself out of the '' slough of despond" 
and began again that career of wonderful prosperity which 
had been interrupted by the war. 

QUESTIONS. 

What was the Thirteenth Amendment? What was '' reconstruc- 
tion? " Tell about the " carpet-bag politicians," and the increase of 
the State deb*. What was the White League? Tell about the " Ozark." 
Tell about the Fourteenth of September. Whom did the Democrats 
elect governor in 1876? Tell about the two governors. How did the 
contest end? 



*The seizure of the Supreme Court on Jackson Square by Governor Nicholls' 
troops was one of the most exciting and important events that occurred during this 
period. It was on the 9th of January, a bitter cold day. At six o'clock in the 
morning the White League, well armed, gathered around the court, in which Pack- 
ard had stationed a guard of Metropolitans. Cannon were placed at the head of 
neighboring streets; for it was expected that the Republicans would make a fierce 
resistance an d that the United Stales troops would lend them aid. At the last moment, 
however, the courage of the Metropolitans failed them, and they decided to sur- 
render. There being no actual conflict the United States troops refused to interfere. 
As Packard's judges had already left the builUing and sought places of safety, 
Nicholls' appointees took their seats. They were Judges Manning, Marr, Egan, 
Spencer, and DeBlanc, with Alfred Roman as clerk. Tne other courts having been 
sutr«n4eied soon after, the judicial business of the State was conducted wholly by 
the Nkholls government. 



242 HISTORY OF LOUISIANA. 

CHAPTER XXXVIII. 
PROGRESS. 

Nicholls and the New Constitution. — We have seen 
that, in i86S, under the Republican administration, a new 
constitution was framed for Louisiana; but it was clear that 
this constitution contained many unwise provisions, which 
must be corrected or removed. Accordmgly the leading 
men of the State assembled in convention at New Orleans 
and drew up the constitution of 1S79, which remained the 
organic law of the State for nineteen years. 

This constitution contained some important changes. In all 
previous con.stitutions (except in one framed in 1S64, during 
the military rule of General Banks), there was a provision 
that the governor should not be elected for a second term until 
four years after the expiration of his first term. This provision 
was now abolished. Moreover, the courts of the State were 
remodeled on a novel plan, the chief feature of which was the 
establishment of courts of appeal, subject to the supervision 
of the Supreme Court. In general, we may say that this 
constitution made provision for the immense debt that had 
been contracted by the State ; it provided for the usual system 
of public schools, though granting scanty funds for their sup- 
port ; and it confined within very narrow liinits the powers of 
the legislature, so that the State miglit not be injured by un- 
wise laws. 

Louis A. Wiltz, Governor, 1880-81— S. D McEnery, 
Governor, 1881-88. — Louis A. Wiltz, who had been elected 
governor under the new constitution, was inaugurated in 
January, 1880. One of the provisions of the constitution 
was that the seat of government should be removed from 
New Orleans to Baton Rouge. The old Capitol build- 
ing in the latter city had been burned during the war, but 
immediate steps were now taken to rebuild it. Wiltz, who 
had been lieutenant-governor under Nicholls, and had won 



RESTORATION TO THE UNION. 



243 




GOVERNOR LOUIS A. WILTZ. 



an enviable reputation for himself as mayor of New Orleans 

in 1872-74, did not live through 

his term. At his death, in 1881, 

the lieutenant-governor, S. D. 

McEnery, succeeded him, and 

after serving tLe unexpired term, 

he was elected governor in 1S84. 

Governor McEnery thus held the 

highest position in the gift of the 

people for seven years. 

The Jetties. — Up to the year 
1879 New Orleans lacked a good 
channel through the mouths of 
the Mississippi. Dredging ma- 
chines had been used to remove 
the sand bars that constantly formed in the passes, and at 
various times iron harrows had been dragged over the obstruc- 
tions ; but nothing permanent had been accomplished. 
Vessels containing a million dollars' worth of goods were 

often aground on the bar for days, 
and the commerce of New Or- 
leans was seriously injured. In 
1874, however. Captain Jas. B. 
Eads, a distinguished engineer, 
proposed to try a plan that had 
been suggested by a French en- 
gineer soon after the founding of 
New Orleans. This was to build 
jetties, which, by confining the 
immense volume of water be- 
tween them, would force the 
river to dredge itself. The 
United States Government thought favorably of this propo- 
sition, and made large appropriations for the work. Thus 
encouraged, Eads began his jetties in 187=^ and finished them 




GOVERNOR S. D. m'eNERY. 



244 



HISTORY OF LOUISIANA. 



in four years. They are built in what is called the South 
Pass, and consist of two long lines of willow " mattresses," 
ballasted with stone and held in place by piles. The 
east jetty is a little over two miles long, while the west 
one is about a mile and a half. The work was a perfect 
success; for a channel from twenty-six to thirty feet in depth 
was obtained where there had not been fifteen feet before ; 
and large vessels can now come up to New Orleans without 
any detention. Up to the year 1881, nearly six millions of 
dollars had been spent on the jetties ; and the success of the 
plan gained for Captain Eads the gratitude of Louisiana and 
a world-wide reputation. 




THE JETTIBS. 

The Levees. — About the time the jetties were completed 
(1879), important progress was made in protecting Louisi- 
ana against the overflows and crevasses which every year 
seemed to become more destructive. In 1882, however, there 
came a great flood, which produced 284 crevasses. The extent 
of levee embankment swept away amounted in all to more 
than fifty-six miles. At first it seemed impossible to raise 
enough money to rebuild these levees, though it was clear that 



RESTORATION TO THE UNION. 245 

the prosperity of the State depended upon the protection of 
the rich plantations that lie along the banks of the rivers. In 
1883, however, a levee convention was called in Baton Rouge ; 
great interest was aroused ; money was raised ; and levee 
building on a large scale was undertaken. Timely assist- 
ance, moreover, came from the United States Government, 
which had already begun to appreciate the fact that the care 
of the levees on the Mississippi is a matter of national im- 
portance. In meeting the terrible difficulties of this period. 
Governor McEnery showed such zeal and ability that he 
gained for himself the gratitude of the whole State. 

This good work was continued on a larger scale than ever 
before during the second term of Governor Nicholls. From 
the time of the convention down to the year 1893, the sums 
spent upon the levees by the General Government and the 
State Boards amounted to many millions of dollars. The 
results of this wise policy were seen in the flood of 1890. In 
this year the water rose higher than in 1882 ; but the whole 
breakage in eleven hundred miles of levees was only four 
and one-quarter miles in extent.* Since then the United 
States Government has made an appropriation of ten million 
dollars for the Mississippi. With this sum and the amounts 
raised by the States most interested, it is promised by the en- 
gineers that the South shall have "a system of levees capable 
of controlling all floods in the Mississippi." 

Maritime Sanitation. — In 1878 over four thousand per- 
sons died of yellow fever in Louisiana. Some years later, 
however. Dr. Joseph Holt, of New Orleans, established at 
the mouth of the Mississippi a system of disinfecting vessels 
which won for him a national reputation. Improvements 
were made by his successor. Dr. C. P. Wilkinson, and by Dr. 
S. R. Oliphant, until the quarantine station is now the best 
equipped in the world. After the establishment of this new 
system there was no yellow fever in Louisiana for eighteen 

♦ "Memoirs of Louisiana." 



246 



HISTORY OF LOUISIANA. 



years. At last it seeme 1 that the State had been freed from 
the terrible scourge which had done so much to injure com- 
merce and discourage immigration. When the disease re- 
appeared in 1S97, and in subsequent years, it assumed a 
milder form than ever before, and the rate of mortality 
was very low. Even during these years Louisiana was one of 
the healthiest States in the Union ; for the mildness of the cli- 
mate, and the out-door life which such a climate renders pos- 
sible, preserve the inhabitants from many of the terrible dis- 
eases so common in the North. 




THE CAPITOL AT BATON ROUGH. 

The Cotton Centennial Exposition. — In the year 1784 
the earliest shipment of cotton was made from Charleston, 
S. C. It consisted of six bags (about one bale). To cele- 
brate the one hundredth anniversary of this event, a great 
Centennial Exposition was opened in New Orleans during 
he year 1884. The largest exposition building the world 



RESTORATION TO THE UNION. 



247 



had ever seen was built, and thousands of visitors flocked to 
Louisiana from the North, the East, and the West. They 
saw the beauty of our Southern land and enjoyed the hospi- 
tality of our Southern people. The Exposition, if it accom- 
plished nothing else, enabled the Northern and Southern peo- 
ple to know each other better, and removed much of the b-t- 
terness that had been handed down as a relic of the war. 

The annual Carnival of New Orleans, probably the most 
splendid pageant ever seen in the world, has also played its 
part in drawing the two sections of the country more closely 
together. 




THE LEVEE AT NEW ORLEANS. 

Nicholls' Second Term as Governor. 1888-1892. — 

In iSS>S, Francis T. Nicholls was called once more to the 
governor's chair. His great services in asserting the rights 
of his State and standing firm during the troublous times of 
1S76-77, had greatly endeared him to the people of Louis- 
iana, and they showed their appreciation of his sterling qual- 
ities by giving him a second term. During his administra- 
tion a fierce contest arose over the renewal of the Louisiana 
Lottery charter. As the Lottery Company offered a large 



248 



HISTORY OF LOUISIANA. 



annual sum to the State for this renewal, many people were 
in favor of granting it. But the Governor and some other 
prominent men declared themselves opposed to the contin- 
uance of lotteries, and a strong anti-lottery party sprung up. 
As both sides canvassed the State, there was a great deal of 
excitement. Finally, however the United States Govern- 
ment refused the Lottery Company the use of the mails ; 
whereupon the managers of that corporation withdrew their 
offer. 

Murphy J, Foster, Governor. 1892-1900.— Murphy J. 

Foster " the man from St. 
Mary," who had been the 
anti-lottery candidate for gov- 
ernor, was soon after elected 
over three opponents. The 
lieutenant-governor chosen at 
the same time was Charles 
Parlange, of Pointe Coupee. 
Coming into office after this 
bitter contest, in which the 
passions of two parties were 
greatly excited, Governor 
Foster, by his personal mag- 
GovERNOR MURPHY J. FOSTER, netism atid his wise adminis- 
tration, won the praise even of his political enemies. 

Prosperity. — During the last sixteen years the prosperity 
of the State has been very remarkable. Now that there is 
deep water at the mouth of the Mississippi, thousands of ves- 
sels visit every year the docks of New Orleans, and bear 
away to all parts of the world not only sugar and cotton, the 
products of the South, but also great cargoes of grain sent 
down by the Western States. 

Sugar and Cotton. — Improved methods have made great 
changes in the sugar industry. "A quarter of a century ago 
" the yield of sugar was one pound from forty-five pounds of 




RESTORATION TO THE UNION. 249 

" cane ; at the present day in large factories the yield is one 
" pound from nine pounds of cane." Moreover, large cen- 
tral sugarhouses have been built, which buy the cane from 
the small planter and save him a great deal of expense. This 
economy in the manufacture, together with the protective 
tariff established by the United States Government, has 
given a new impulse to sugar planting. 

The cotton crop of 1900-1901 was one of the greatest in 
the history of the South. It amounted to more than ten 
millions of bales. Of this crop Louisiana produced about 
719,000 bales — more than her usual share. 

Immigration from the West — Cultivation of Rice. — 
Within the last few years a thousand families of settlers from 
Iowa, Kansas, and other Western States have crowded into 
the parishes of Southwestern Louisiana. The changes that 
these worthy people have produced in this portion of the 
State are so remarkable that they seem to be the result of a 
magical transformation. 

The chief settlements of the new-comers are m Calcasieu, 
and in parts of Vermillion and Cameron. At first they de- 
voted themselves more particularly to grass-growing, fruit- 
raising, and the breeding of fine stock. In all these they were 
very successful on account of the new and improved methods 
which they introduced. Their greatest success, however, 
has been won in the cultivation of upland rice. This was 
first tried on a small scale, but the crop was made with so 
little expense, and was so profitable, that more lands were 
soon drained and more rice was planted, until an immense 
area is now under cultivation. In St. Charles, Plaquemines, 
and other river parishes, rice has been cultivated for a num- 
ber of years. In 1880, however, the crop of the State was 
only 80,000 barrels ; while in 1900, with the addition of the 
new plantations in Southwestern Louisiana, it excelled all 
previous crops, reaching 2,000,000 barrels. Hence rice 
must now be placed among the great staple products of the 



250 HISTORY OF LOUISIANA. 

State. Formerly it was grown chiefly in the Atlantic States ; 
but Louisiana now yields far more than all these States to- 
gether. As the quality of the Louisiana rice is very fine, 
and as the crop can be produced here at less expense than in 
any other State, the planters have a new source of wealth. 

The settlers from the West, therefore, have introduced a 
wonderful spirit of activity and enterprise into Louisiana. 
The Acadians themselves, who have generally been slow in 
accepting improvements, are now imitating their Western 
brethren, and are trying new methods of agriculture. As a 
result the assessed value of property in this portion of Louis- 
iana has been trebled during the last ten years. No wonder, 
then, that the Louisianians appreciate the importance of 
bringing good immigrants into their State. 

Education and Literature. — Louisiana may well boast 
of her progress in education and literature. Every year her 
public school system is improving.* It is now clearly seen 
that the State can not depend upon private schools, however 
useful they may be ; a public system is the true method of 
preparing the youth of the land to become good citizens. In 
the higher education, also, there has been much progress. 
The Universities for white and colored in New Orleans, the 
University at Baton Rouge, the Normal School at Natchi- 
toches, together with the numerous colleges scattered over 
the State, are offering better advantages than ever before. 
The young men of Louisiana no longer need to seek an edu- 
cation in Northern colleges or in foreign countries. 

Finally, with peace and prosperity', there has sprung up in 
the South a new literature, and in the production of it Lou- 
isiana has played an important part. Brilliant writers in 
French and English are to be found within the State. Creole 
and American authors are successfully describing to the out- 
side world the manners, the customs, and the scenery of our 

* New Orleans owes a debt of gratitude to John McDonogh, who gave a large 
sum of money for the erection of handsome school buildings in the city. 



RESTORATION TO THE UNlONc 251 

Southern land. This new literature has excited great en- 
thusiasm in the North, and we may predict that Louisiana 
will gain a high place for herself in the literary world. Her 
writers have an interesting field to explore, for no history 
is richer in romantic mcidents than that of Louisiana. 

With a glorious past to be proud of, and splendid oppor- 
tunities before her, the Pelican State can not fail to win still 
greater fame for herself and greater happiness for her peo- 
ple. 

QUESTIONS. 

Tell about the constitution of 1879. What two governors served 
after Nicholls ? To what city was the capital removed ? Tell about 
the jetties. Tell about the levees. The quarantine system. What 
did the Exposition of 1884 celebrate ? Influence of the New Orleans 
Carnival. Nicholls' second term and the lottery contest. Who suc- 
ceeded Nicholls in 1893 ? Give some evidences of the prosperity of 
Louisiana. Tell about sugar. Cotton. Tell about the Western im- 
migrants and the cultivation of rice. Education and literature in 
Louisiana. 

Later Events. — In 1896, after a most successful term of 
ofBce, Governor Foster succeeded himself as Governor. 
During his second administration the question of calling a 
constitutional convention was submitted to the people, and 
the Constitution of 1S79 having proved most unsatisfactory, 
a large majority voted in favor of framing a new instrument 
of government. Accordingly, in 1898, the convention met in 
New Orleans, and after several months of deliberation it 
drew up and adopted, without submitting it to the people, the 
Constitution under which we are now living. It is given in 
full at the end of this volume. 

This Constitution made important changes in regard to 
suffrage, the organization of the judiciary, and the support 
of the public schools. It is very generally regarded as a far 
better organic law than that of 1879. 

In 1899, when Governor Foster's term was drawing to a 



252 



HISTORY OF LOUISIANA 




close, a distinguished citizen of Union parish, Hon. W. W. 

Heard, was nominated by the 
Democrats to succeed him. 
Elected by a majority of 
over 45,000 votes, Governor 
Heard served the State most 
acceptably for four years 
(1900-1904). In 1904, he was 
^\v^ succeeded by Judge Newton 
C. Blanchard, of Caddo par- 
ish. Judge Blanchard's career 
has been one of which his 
friends mny well be proud. 



GOVERNOR HEARD. 

Entering public life as a 
member of the Constitu- 
tional Convention of 1S79, 
he has, since then, served 
thirteen years consecutive- 
ly in the lower house of 
Congress, three years in 
the Senate of the United 
States, and seven years 
upon the Bench of the 
highest Court of the State. 
It will thus be seen that he 
has filled all the high offices 
in the gift of his State. 
. In December, 1903, the 
State of Louisiana, under 
the auspices of the Louisi- 
ana Historical Society, 
celebrated in a beautiful 
and imposing manner the 
Centennial of the Pur- 




GOVERNOR BLAKCHARD. 



chase of the Louisiana Territory. In 1904 the same great 
event was celebrated at St. Louis. 



PHYSICAL FEATURES, POPULATION, AND 
RESOURCES. 



The area of Louisiana is 45,420 square miles. The population in 
1810 was 75,556; it was in 1900 1,381,625. The State is divided into 
fifty-nine parishes, the names of which are as follows: 

Acadia, Ascension, Assumption, Avoyelles, Bienville, Bossier, 
Caddo, Calcasieu, Caldwell, Cameron, Catahoula, Claiborne, Con- 
cordia, De Soto, East Baton Rouge, East Carroll, East Feliciana, 
Franklin, Grant, Iberia, Iberville, Jackson, Jefferson, Lafayette, 
Lafourche, Lincoln, Livingston, Madison, Morehouse, Natchitoches, 
Orleans, Ouachita, Plaquemines, Pointe Couple, Rapides, Red River, 
Richland, Sabine, St. Bernard, St. Charles, St. Helena, St. James, 
St. John the Baptist, St. Landry, St Martin, St. Mary, St. Tammany, 
Tangipahoa, Tensas, Terrebonne, Union, Vermillion, Vernon, Wash- 
ington, Webster, West Baton Rouge, West Carroll, West Feliciana, 
Winn. 

The chief cities, with their population in 1900, are: 

New Orleans, 287,104; Shreveport, 16,013; Baton Rouge, 11,269. 

Rivers and Streams. — Besides the three great rivers, the Missis- 
sippi, the Red and the Ouachita, there are innumerable little lakes 
and over two hundred bayous; so that Louisiana doubtless has more 
water courses than any other State in the Union. 

Soil and Products. — The geological features of Louisiana are verj 
simple. The three formations found in the State are the cretaceous or 
chalky, the tertiary, and the post-tertiary.'^ It is said that the chalky 
formation underlies the whole State; it may be seen cropping out \\. 
the limestone hills of St. Landry and Winn. All the salt deposits are 
found in this formation. Above this comes the ^er^mr^', which under- 
lies the bluff lands; and on top of this is the post-tertiary , of which 
the rich, alluvial lands of the State are composed. 

The following is the description which Prof. Lockett, formerly of 
the Louisiana State University, has given of the formation of these 
bluff and alluvial lands* 

"It is likely," says he, "that a broad estuary or arm of the sea once 

♦This term in geology is applied to all the most recent formations. 



254 



HISTORY OF LOUISIANA. 



extended as far inland as the junction of the Ohio and the Mississippi. 
Fine mud and silt, however, were washed into this estuary from the 
higher lands, and floating gently towards the sea, were deposited in a 
deep stratum, whose upper surface was a broad submerged plain. 
This stratum of silt c&mpletely filled up what we now call the Missis- 
sippi bottom, and the broad plain extended out to the hill-side slopes 
on the east and west to a distance of twenty miles from the limits of 
the present alluvial lands. But a great continental upheaval took 
place, and this plain was raised several hundred feet above its old- 
time level. The old Mississippi had then to wash out for itself a new 
channel to the sea, and having the easily dissolved silt to work upon, 
the mighty river swept much of its former bed into the gulf. In so 
doing it left those high bluffs on which Baton Rouge, Natchez, and 
Vicksburg now stand," 

Products. — South of 31 deg. north latitude the State is well adapted 
to the production of sugar, cotton, and rice; but north of that line 
the great staple is cotton. Indian corn, also, is grown in consider- 
able quantities. In the parishes of St. James and Natchitoches the 
light, sandy soil produces the famous strong tobacco called "perique." 
This tobacco is named for Pierre Chenet (nicknamed Pericho or 
Perriche), who first manufactured it. It is much sought after in 
Europe and America. In the southern part of the State, tropical 
fruits reach great perfection, especially oranges, bananas, and figs. 
The Louisiana oranges are superior in sweetness to those of Florida. 
Animals.— Deer, wild-cats, panthers, and bears are found in Louis- 
iana. The birds of the State, which 
are very numerous, have been made 
known to the world by the illustrious 
John James Audubon. Audubon was 
born on a Louisiana plantation in 1780. 
When he was young he showed his 
fondness for birds by keeping a num- 
ber of them as pets. When he grew 
' up he published the "Birds of Amer- 
ica," a work that contained life-sized 
drawings made by himself. It was sold 
by subscription at one thousand dol- 
lars a copy, and made Audubon fa- 
mous. He died in New York, and on 
the 26th of April, 1893, a beautiful monument to his memory was un- 
veiled in that city. 




JOHN JAMES AUDUBON. 



PHYSICAL FEATURES, ETC. 255 

Minerals. — One of the most important minerals in Louisiana is 
salt, which is found in various parts of the State, but chiefly, as we 
have seen, on Avery's Island. From this island the exports in one 
day frequently amount to 400 tons. Near Lake Charles there is a large 
deposit of sulphur and gypsum. The other mineral products of Louis- 
iana are not important. 

The Lands of Louisiana. — According to Prof, Lockett, there are 
eight kinds of land in the State: good uplands, pine hills, bluff 
lands, pine flats, prairies, alluvial lands, wooded swamps, and coast 
marsh. 

Thus we see that Louisiana has a very diversified surface. Besides 
the rich plantations and the broad prairies for cattle raising, there are 
immense forests containing oak, cypress, pine, and many other valu- 
able kinds of trees. According to the report of the Hon. T. W. 
Poole, Commissioner of Immigration, from which we draw many of 
the following details, the good uplands embrace chiefly the parishes 
of Sabine, De Soto, Caddo, Bossier, Red River, Bienville, Webster, 
Lincoln, Jackson, Union, and portions of Morehouse and Ouachita. 

These, which are the northwestern parishes of the State, were set- 
tled principally by worthy people from Georgia, Alabama, and other 
Atlantic States. They have adopted various professions; but most of 
them are industrious and successful farmers, who have raised this 
portion of the State to a high degree of prosperity. Instead of large 
plantations, such as exist in Southern Louisiana, we find here a num- 
ber of small farms, with numerous towns and villages. 

The pine hills embrace chiefly the following parishes: Vernon, 
Grant, Winn, Catahoula, Rapides, St. Helena, Tangipahoa, Wash- 
ington, and St. Tammany. The timber in these parishes is extremely 
valuable. 

In the bluff lands are included parts of the following parishes: 
West Carroll, Richland, Franklin, Livingston, East and West Feli- 
ciana, and East Baton Rouge. The pine flats are found in the west- 
ern portion of Calcasieu parish. They form an area of poor lands, 
generally covered with water. 

The prairie lands are found in St. Landry, Lafayette, Acadia, St. 
Martin, Iberia, Vermillion, and St. Mary. '' These seven parishes," 
says Col. Hillyard, " contain more than 3,000,000 acres of tillable 
land, most of it of inexhaustible fertility. Even most of the sea- 
marsh, and all of the swamp lands, may be reclaimed by local levees 
and draining machines, and may become the most productive rice and 
sugar lands of the State. On thousands of acres the grass grows on 



256 HISTORY OF LOUISIANA. 

a smooth surface under the waving branches of noble trees The fat 
herds grazing upon these green prairies help in giving th( finishing 
touch to this magnificent landscape scenery." Five of these parishes, 
St. Mary, Iberia, Vermillion, St. Martin, and Latayette, once formed 
the Attakapas region, and they are still called the "Attakapas par- 
ishes." 

Through this beautiful region runs the lovely Teche, which has 
been described in the " Evangeline" of Longfellow. For it was the 
Teche that the heroine of this poem ascended, seeking in vain for her 
husband Gabriel, from whom she had been separated in her native 
country. The following is Longfellow's description of the Attakapas 
region : 

" Beautiful is the land with its prairies and forest and fruit trees; 
Under the feet a garden of flowers, and the bluest of heavens 
Bending above, and resting its dome on the walls of the forest. 
They who dwell there have named it the ' Eden of Louisiana.' '' 

In this "Eden of Louisiana " still reside the descendants of the 
Acadian exiles. Until they began the cultivation of rice their man- 
ner of life had changed very little since they settled the country 
aoout the middle ot the eighteenth century. They are industrious, 
prosperous, and many of them rich. When the day's work is done 
they delight to assemble and spend the evening in dancing and merry- 
making. They still weave the wonderful Attakapas cloth, so well 
known in Louisiana. Some of the most distinguished men in the 
State are descended from Acadian ancestors. 

In St. Mary parish it is said that there is not an acre of poor land. 
The chief product is sugar, and the quantity produced is so great 
that St. Mary has won for herself the title of the " banner parish" of 
the State. 

Alluvial Lands. — These lands are so-called from alluvium, which 
means "earth, sand, and gravel, transported by rivers, floods, and 
other causes, and deposited upon land not permanently submerged 
beneath the waters of lakes or seas." The alluvial lands constitute 
the plantations along the banks of all the streams in Louisiana. 
They are exceedingly rich, and form an area of about 12,300 square 
miles. 

Wooded Swamps and Coast Marsh. — The last divisions of which 
we have to speak are the wooded swamps and coast marsh. These 
swamps, which were formerly very extensive, are now being redeemed 
by drainage. Many of them, when they are properly drained, and 
the trees are felled, will be classed as alluvial lands. The coast marsh 



PHYSICAL FEATURES, ETC. 257 

is valuable for game and for pasturage. A large quantity of it is 
owned by the State, and may be purchased for less than one dollar 
an acre. 

The South-Eastern Parishes. — It has been impossible within our 
limits to give an account of all the parishes in the State; though the 
history of many of them is extremely interesting. A few words, how- 
ever, may be added in regard to St. Bernard, Plaquemines, and Orleans. 
The first two produce large quantities of sugar, rice, and vegetables. 
They contain also the most important orange groves in the State. 
There is no more beautiful sight in Louisiana than the acres of 
orange trees along the banks of the Mississippi, from New Orleans to 
Ft. Jackson. These lands are extremely valuable. A one hundred 
acre grove, says Commissioner Poole, produced in 1890, a crop of 
oranges that sold for $12,000. Of late years Cameron, in Southwest 
ern Louisiana, has also become a great orange-raising parish. 

The whole of the parish of Orleans is included within the limits 
of the city of New Orleans, so the city may be said to have an area 
of about 1S7 square miles, a larger area than that of any other city 
in the Union * New Orleans is now a magnificent city, and is in- 
creasing every year in manufactures, in population, and in wealth. It 
has taken its position as one of the great commercial centres of the 
world. 

QUESTIONS. 

What is the area of Louisiana.' Increase of population from 1810 
to 1890? How many parishes are there? Chief cities and their pop- 
ulation. Three great rivers. How many bayous.' Give the main 
geological features of Louisiana. Tell about the formation of the 
" Mississippi bottom " and the origin of bluff lands. What are the 
chief products of Louisiana.'' Its minerals? What animals are found? 
Who was Audubon? Tell about Louisiana uplands. Pine hills. Bluff 
lands. Pine fiats. Prairie lands. Tell about the Teche and the Attak- 
apas region. What are the alluvial lands? Wooded swamps? Coast 
marsh? Where are the orange groves of Louisiana? What is the area 
of New Orleans? 



*The actual area ol the city is estimated at 37 square miles. 



LIST OF STATE OFFICERS, igoj. 



Governor^ Newton C. Blanchard, of Caddo. 
Lieiittnant- Governor, Jared Y. Sanders. 

Secretary of State, John T. Michel. 
Auditor, Paul Capdevielle. 

Treasxirer, J. M. Smith. 

Attorneij- General, Walter Guion. 
Superintendent of Education^ James B. Aswell. 

JUDICIARY. 

Supreme Co?<r«— Chief Justice, Jos. A. Breaux; Associate Jus- 
tices, O. O. Provosty, Francis T. Nicholls, Frank A. Monroe, 
A. D. Land. 

GENERAL ASSEMBLY. 

The number of Senators is 41. The number of Representatives is 
115. The list of names can not be given here. 

STATE BOARD OF EDUCATION. 

This Board consists of the Governor, the Attorney-General and 
the Superintendent of Education, who are all ex-officio members, 
and of the following citizens, appointed by the Governor, one from 
each Congressional district: A. Brittin, of Orleans; James H. 
DiLLARD, Orleans; Walter J. Burke. Iberia; D. C. Scarborough, 
Natchitoches; E. L. Kidd, Lincoln; Tiios. H. Harris, East Baton 
Rouge; Thos. H. Lewis, St. Landry. 



CONSTITUTION OF LOUISIANA. 



Preamble. 

We, the people of the State of Louisiana, grateful to Almighty 
God for the civil, political and religious liberties we enjoy, and de- 
siring to secure the continuance of these blessings, do ordain and 
establish this Constitution. 

Bill of Eights. 

Art. 1. All government, of right, originates with the people, is 
founded on their will alone, and is instituted solely for the good of 
the whole. Its only legitimate end is to secure justice to all, pre- 
serve peace and promote the interest and happiness of the people. 

Art. 2. No person shall be deprived of life, liberty or property 
except by due process of law. 

Art. 3. No law shall ever be passed to curtail or restrain the lib- 
erty of speech or of the press; any person may speak, write and 
publish his sentiments on all subjects, being responsible for the 
abuse of that liberty. 

Art. 4. Every person has the natural right to worship God, ac- 
cording to the dictates of his conscience, and no law shall be passed 
respecting an establishment of religion. 

Art. 5. The people have the right peaceably to assemble and ap- 
ply to those vested with the powers of government for a redress of 
grievances by petition or remonstrance. 

Art. G. All courts shall be open, and every person for injury done 
him in his rights, lauds, goods, person or reputation shall have ade- 
quate remedy by due process of law and justice administered with- 
out denial, partiality or unreasonable delay. 

Art. 7. The right of the people to be secure in their persons, 
houses, papers and effects against unreasonable searches and seiz- 
ures shall not be violated, and no warrant shall issue except upon 
probable cause, supported by oath or affirmation, and particularly 
describing the place to be searched and the persons or things to be 
seized. 

Art. 8. A well regulated militia being necessary to the security of 
a free State, the right of the people to keep and bear arms shall not 
be abridged. This shall not prevent the passage of laws to punish 
those who carry weapons concealed. 

Art. 9. In all criminal prosecutions the accused shall have the 
right to a speedy public trial by an impartial jury; provided, that 
cases in which the penalty is not necessarily imprisonment at hard 



262 HISTORY OK LOUISIANA. 

labor, or death, shall be tried by the court without a jury or by a 
jury less than twelve in number, as provided elsewhere in the Con- 
stitution; provided further, that all trials shall take place in the 
parish in which the offence was committed, unless the venue be 
changed. The accused, in every instance, shall have the right to be 
confronted with the witnesses against him; he shall have the right 
to defend himself, to have the assistance of counsel, to have compul- 
sory process for obtaining witnesses in his favor. Prosecution shall 
be by indictment or information ; but the Legislature may provide for 
the prosecution of misdemeanors on affidavit; provided, that no per- 
son shall be held to answer for a capital crime unless on a present- 
ment or indictment by a grand jury, except in cases arising in the 
militia when in actual service in time of war or public danger; nor 
shall any person be twice put in jeopardy of life or liberty for the 
same offence, except on his own application for a new trial, or 
where there is a mistrial, or a motion in arrest of judgment is sus- 
tained. 

Art. 10. In all criminal prosecutions the accused shall be informed 
of the nature and cause of the accusation against him; and when 
tried by jury shall have the right to challenge jurors peremptorily, 
the number of challenges to be fixed by law. 

Art. 11. No person shall be compelled to give evidence against 
himself in a criminal case, or in any proceeding that may subject 
him to criminal prosecution, except as otherwise provided in this 
Constitution. 

Art. 12. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishment inllicted. All persons 
shall be bailable by sufficient sureties, unless for capital offiences 
where the proof is evident or presumption great, or unless after con- 
viction for any crime or offence punishable with death or imprison- 
ment at hard labor. 

Art. 13. The privilege of the writ of habeas corpus shall not be 
suspended, unless when, in case of rebellion or invasion, the publio 
safety may require it. 

Art. 14. Tbe military shall be in subordination to the civil power. 

Art. 15. This enumeration of rights shall not be construed to deny 
or impair other rights of the people not herein expressed. 

DisTuiiiUTiON OF Powers. 

Art. IG. The powers of the government of the State of Louisiana 
shall be divided into three distinct departments, each of them to be 
confided to a separate body of magistracy, to-wit: Those which are 
legislative to one, those which are executive to another, and those 
which are judicial to another. 

Art. 17. No one of these departments, nor any person or collec- 
tion of persons holding office in one of them, shall exercise power 
properly belonging to either of the others, except in the instances 
hereinafter expressly directed or permitted. 



constitution. 263 

Legislative Department. 
Apportionmen t . 

Art. 18. Kepresentation in the House of Representatives shall be 
equal and uniform and shall be based upon population. Each parish 
and each ward of the city of New Orleans shall have at least one rep- 
resentative. At its first regular session after the United States 
census of 1900, and after each census thereafter, the General Assem- 
bly shall, and it is hereby directed to apportion the representation 
among the several parishes and Representative Districts on tbe basis 
of the total population shown by such census. A representative 
number shall be fixed, and each parish and Representative District 
shall have as many Representatives as such representative number 
is contained in the total number of the inhabitants of such parish or 
Representative District and one additional Reprsentative for every 
fraction exceeding one-half the representative number. The num- 
ber of Representatives shall not be more than one hundred and six- 
teen nor less than ninety-eight. 

Art. 19. The General Assembly, in every year in which it shall 
apportion representation in the House of Representatives, shall 
divide the State into Senatorial Districts. No parish shall be 
divided in the formation of a Senatorial District, the parish of 
Orleans excepted. Whenever a new parish is created it shall be 
attached to the Senatorial District from which most of its territory 
is taken, or to another contiguous district, at tbe discretion of the 
General Assembly, but shall not be attached to more than one dis- 
trict. The number of Senators shall not be more than forty-one nor 
less than thirty-six, and they shall be apportioned among the Sena- 
torial Districts according to the total population contained in the 
several districts. 

Art. 20. Until an enumeration shall have been made in accord- 
ance with Articles 18 and 19, the State shall be divided into the fol- 
lowing Senatorial Districts, with the number of Senators hereinafter 
apportioned to each district: 

The First Senatorial District shall be composed of the First and 
Second Wards of the parish of Orleans, and shall elect one Senator; 

The Second Senatorial District shall be composed of the Third 
Ward of the parish of Orleans, and shall elect one Senator; 

The Third Senatorial District shall be composed of the Fourth. 
Fifth, Sixth and Seventh Wards of the parish of Orleans, and shall 
elect two Senators; 

The Fourth Senatorial District shall be composed of the Eighth 
and Ninth Wards, of the parish of Orleans, and of the parishes of St. 
Bernard and Plaquemines, and shall elect two Senators; 

The Fifth Senatorial District shall be composed of the Tenth 
Ward, and shall elect one Senator; 

The Sixth Senatorial District shall be composed of the Eleventh, 
Twelfth, Thirteenth and Fourteenth Wards, and shall elect two 
Senators ; 

The Seventh Senatorial District shall be composed of the Fifteenth, 
Sixteenth and Seventeenth Wards, and shall elect one Senator; 



264 HISTOBT OF LOUISIANA. 

The Eighth Senatorial District shall be composed of the parishee 
of Jefferson, St. Charles and St. John the Baptist, and shall elect 
one Senator ; 

The Ninth Senatorial District shall be composed of the parishes of 
St. .Tames and Ascension, and shall elect one Senator; 

The Tenth Senatorial District shall be composed of the parishes of 
Terrebonne, Lafourche and Assumption, and shall elect two Senators ; 

The Eleventh Senatorial District shall be composed of the parishes 
of St. Mnry and Vermilion, and shall elect one Senator; 

The Twelfth Senatorial District shall be composed of the parishes 
of Cameron and Calcasieu, and shall (elect) one Senator; 

The Thirteenth Senatorial District shall be composed of the par- 
ishes of St. Martin, Iberia and Lafayette, and shall elect two Senators ; 

The Fourteenth Senatorial District shall be composed of the par- 
ishes of St. Landry and Acadia, and shall elect two Senators; 

The Fifteenth Senatorial District shall be composed of the par- 
ishes of Avoyelles and Pointe Coupee, and shall elect one Senator; 

The Sixteenth Senatorial District shall be composed of the par- 
ishes of Ibervile and West Baton Kouge, and shall elect one Senator ; 

The Seventeenth Senatorial District shall be composed of the par- 
ishes of East and West Feliciana, and shall (elect) one Senator; 

The Eighteenth Senatorial District shall be composed of the parish 
of East Baton Rouge, and shall elect one Senator; 

The Nineteenth Senatorial District shall be composed of the par- 
ishes of St. Helena, Livingston, Tangipahoa, Washington and St. 
Tammany, and shall elect two Senators; 

The Twentieth Senatorial District shall be composed of the par- 
ishes of Rapides and Vernon, and shall elect one Senator. 

The Twenty-first Senatorial District shall be composed of the 
parishes of Natchitoches, Sabine, De Soto and Red River, and shall 
elect two Senators. 

The Twenty-second Senatorial District shall be composed of the 
parish of Caddo, and shall elect one Senator. 

The Twenty-third Senatorial District shall be composed of the 
parishes of Webster and Bossier, and shall elect one Senator. 

The Twenty-fourth Senatorial District shall be composed of the 
parishes of Bienville and Claiborne, and shall elect one Senator. 

The Twenty-fifth Senatorial District shall be composed of the 
parishes of Union, Lincoln, Morehouse and West Carroll, and shall 
elect two Senators. 

The Twenty-sixth Senatorial District shall be composed of the 
parishes of Ouachita and Jaclison, and shall elect one Senator. 

The Twenty-seventh Senatorial District shall be composed of the 
parishes of Winn, Caldwell and Grant, and shall elect one Senator. 

The Twenty-eighth Senatorial District i- hall be composed of the 
parishes of East Carroll and Madison, and shall elect one Senator. 

The Twenty, ninth Senatorial District shall be composed of the 
parishes of Tensas and Concordia, and shall elect one Senator. 

The Thirtieth Senatorial District shall be composed of the parishes 
of Richland, Franklin and Catahoula, and shall be entitled to one 
Senator. 



CO>STlTUTION. 265 

Thirty-nine (39) Senators iu all. 

And the Representatives shall be apportioned among the parishes 
and Representative districts, as follows : 

For the parish of Orleans — 

First Representative District, First Ward, one Representative. 

Second Representative District, Second Ward, two Representa- 
tives. 

Third Representative District, Third Ward, three Representatives. 

Fourth Representative District, Fourth Ward, one Representa- 
tive. 

Fifth Representative District, Fifth Ward, two Representatives. 

Sixth Representative District, Sixth Ward, one Representative. 

Seventh Representative District, Seventh Ward, two Representa- 
tives. 

Eighth Representative District, Eighth Ward, one Representa- 
tive. 

Ninth Representative District, Ninth Ward, two Representatives. 

Tenth Representative District, Tenth Ward, two Repi-esentatives. 

Eleventh Representative District, Eleventh Ward, two Represent- 
atives. 

Twelfth Representative District, Twelfth Ward, one Representa- 
tive. 

Thirteenth Representative District, Thirteenth Ward, one Repre- 
sentative. 

Fourteenth Representative District, Fourteenth Ward, one Rep- 
resentative. 

Fifteenth Representative District, Fifteenth Ward, one Repre- 
sentative. 

Sixteenth Representative District, Sixteenth Ward, one Repre- 
sentative. 

Seventeenth Representative District, Seventeenth Ward, one 
Representative ; 

The Parishes of Acadia, West Baton Rouge, Bienville, Caldwell, 
Cameron, East Carroll, West Carroll, Catahoula, Franklin, Grant, 
Jackson, Jefferson, Lincoln, Livingston, Plaquemines, Red River, 
Richland, Sabine, St. Bernard, St. Charles, St. Helena, St, John the 
Baptist, St. Tammany, Tangipahoa, Vermilion. Vernon, Washing- 
ton, Webster and Winn, each, one Representative; 

The Parishes of Ascension Assumption, Avoyelles, East Baton 
Rouge, Bossier, Calcasieu, Claiborne, Concordia, De Soto, East 
Feliciana, West Feliciana, Iberia, Iberville, Lafourche, Lafayette, 
Madison, Moreheuse, Natchitoches, Pointe Coupee, Ouachita, 
Rapides, St. James, St. Mary, St. Martin, Tensas, Terrebonne, 
Union, each, two Representatives; 

The Parishes of Caddo and St. Landry, each, three Representa- 
tives. 

This apportionment of Senators and Representatives shall not be 
changed or altered in any manner until after the enumeration shall 
have been taken by the United States. After the year 1902 the ap- 
portionment made in this article shall cease to exist. 



266 HISTORr OF LOUISIANA. 

General Assembly. 

Art. 21. The legislative power of the State shall be vested in a 
General Assembly, which shall consist of a Senate and House of 
Representatives. 

Art. 22. The style of the laws of this State shall bo: " Be it en- 
acted by the General Assembly of the State of Louisiana."' 

Art. 23. The General Assembly shall meet at the seat of govern- 
ment on the third Monday of Maj% 1S9S, at 12 o'clock noon, and 
biennially thereafter, on the second Monday of May, and the ses- 
sions thereof shall be limited to sixty days. Should a vacancy occur 
in either House, the Governor shall order an election to till such 
vacancy for the remainder of the term. 

Art. 24. Every elector under this Constitution shall be eligible 
to a seat in the House of Representatives, and every elector who has 
reached the age of twenty-five years shall be eligible to the Senate; 
provided, that no person shall be eligible to the General Assembly 
unless at the time of his election he has been a citizen of the State 
for five years, and an actual resident of the district or parish from 
which he may be elected for two years immediately preceding his 
election. The seat of any member who may change his residence 
from the district or parish which he represents shall thereby be va- 
cated, any declaration of a retention of domicile to the contrary not- 
withstanding; and members of the General Assembly shall be 
elected for a term of four years. 

Art. 25. Each House shall be the judge of the qualifications, 
elections and returns of its own members, choose it own ollicers, ex- 
cept President of the Senate, determine the rules of its proceedings, 
and may punish its members for disorderly conduct and contempt, 
and, with the concurrence of two-thirds of all its members elected, 
expel a member. 

Art. 20. Either House, during the session, may punish by im- 
prisonment any person not a member who shall have been guilty of 
disrespect, or disorderly or contemptuous behavior; but such im- 
prisonment shall not exceed ten days for each offence. 

Art. 27. No Senator or Representative shall, during the term for 
which he was elected, nor for one year thereafter, be appointed or 
elected to any civil office of profit under this State which may have 
been created, or the emoluments of which may have been increased 
by the General Assembly during the time such Senator or Represen- 
tative was a member thereof. 

Art. 28. The members of the General Assembly shall in all cases, 
except treason, felony, or breach of the peace, be privileged from 
arrest during their attendance at the sessions of their respective 
Houses, and in going to and returning from the same; and for any 
speech or debate in either House they shall not be questioned in any 
other place. 

Art. 29. The members of the General Assembly shall receive a 
compensation not to exceed five dollars per day during their attend- 
ance, and five cents per mile going to and returning from the seat 
of government. 



CONSTITUTION 287 

Art. 30. Each House shall keep a Journal of its proceedings, and 
cause the same to be published immediately after the close of the 
session; when practicable, the minutes of each day's session shall be 
printed and placed in the hands of members on the day following. 
The original Journal shall be ijreserved, after publication, in the 
office of the Secretary of State, but there shall be required no other 
record thereof. 

Art. 31 , Every law enacted by the General Assembly shall em- 
brace but one object, and that shall be expressed in its title. 

Art. 32. No law shall be revived, or amended by reference to its 
title, but in such cases the act revived, or section as amended, shall 
be re-enacted and published at length. 

Art. 33. The General Assembly shall never adopt any system or 
code of laws by general reference to such system or code of laws; 
but in all cases shall recite at length the several provisions of the 
laws it may enact. 

Art. 34. Not less than a majority of the members of each House of 
the General Assembly shall form a quorum to transact business, but 
a smaller number may adjourn from day to day, and shall have 
power to compel the attendance of absent members. 

Art. 35. Neither House, during the sitting of the General As- 
sembly, shall, without the consent of the other, adjourn for more 
than three days, nor to any other place than that in which it may be 
sitting. 

Art. 36. The yeas and nays on any question in either House shall, 
at the desire of one-tifth of the members elected, be entered on the 
Journal. 

Art. 37. All bills, for raising revenue or appropriating money, 
shall originate in the House of Representatives, but the Senate may 
propose or concur in amendments, as in other bills. 

Art. 38. No bill, ordinance or resolution, intended to have the 
effect of a law, which shall [have] been rejected by either House, 
shall be again i^roposed in the same House during the same session, 
under the same or any other title, without the consent of a majority of 
the House by which the same was rejected. 

Art. 39. Every bill shall be read on three different days in each 
House, and no bill shall be considered for final passage unless it has 
been read once in full, and the same has been reported on by a com- 
mittee; nor shall any bill become a law unless, on its final passage, 
the vote be taken by yeas and nays, the names of the members vot- 
ing for or against the same be entered on the Journal, and a majority 
of the members elected to each House be recorded thereon as voting 
in its favor ; provided, that bills revising the statutes or codes of this 
State, or adopting a criminal code as a whole, shall be read in such 
manner as may be prescribed by the General Assembly. 

Art. 40. No amendment to bills by one House shall be concurred 
in by the other, nor shall reports of committees of conference be 
adopted in either House except by a majority of the members elected 
thereto, the vote to be taken by yeas and nays, and the names of 
those voting for or against recorded upon the Journal. 

Art 41. Whenever a bill that has been passed by both Houses 



268 HISTORY OF LOUISIANA. 

has been enrolled and placed in possession of the House in which it 
originated, the title shall be read, and, at the request of any five 
members, the bill shall be read in full, when the Speaker of the 
House of Kepresentatives or the President of the Senate, as the case 
may be, shall at once sign it in open house, and the fact of signing 
shall be noted on the Journal ; thereupon the Clerk or Secretary 
shall immediately convey the bill to the other House, whose presid- 
ing officer shall cause a suspension of all other business to read and 
and sign the bill in open session and without delay. As soon as bills 
are signed by the Speaker of the House and President of the Senate, 
they shall be taken at once, and on the same day, to the Governor by 
the Clerk of the House of Kepresentatives or Secretary of the Senate. 

Art. 42. No law passed by the General Assembly, except the 
general appropriation act, or act appropriating money for the ex- 
penses of the General Assembly, shall take effect until promulgated. 
Laws shall be considered promulgated at the place where the State 
Journal is published, the day after the publication of such law in 
the State Journal, and in all other parts of the State twenty days 
after such publication. The State Journal shall be published at the 
capital. 

Art. 43. The clerical officers of the two Houses shall be a Secre- 
tary of the Senate and Clerk of the House of Kepresentatives, with 
such assistants as may be necessary ; but the expenses of said officials, 
including the Sergeant-at-Arms, of each House, together with all 
Clerks of Committees and all other employes of whatever kind, shall 
not exceed one hundred dollars daily for the Senate, nor one hundred 
and twenty dollars daily for the House, and the Chairman of the 
Committee on Contingent Expenses of each House shall not issue 
warrants for any compensation in excess of said amounts; provided, 
this shall not affect the employes of the present General Assembly. 
No donation of any unexpended balances shall be made as extra com- 
pensation or for any other purpose. 

Art. 44. All stationery, printing, paper and fuel used in the legis- 
lative and other departments of government shall be furnished, and 
the printing, binding and distribution of the Laws, journals and the 
department reports, and all other printing and binding, and the re- 
pairing and furnishing of the halls and rooms used for the meetings 
of the General Assembly and its committees, shall be done under 
contract, to be given to the lowest responsible bidder below such 
maximum price under such regulations as shall be prescribed by 
law. 

No member or officer of any of the departments of the government 
shall be in any way interested in the contracts; and all such con- 
tracts shall be subject to the approval of the Governor, the President 
of the Senate and Speaker of the House of Kepresentatives, or of any 
two of them. 

Limitation of Legislative Powers. 

Art, 45. No money shall be drawn from the treasury except in 
pursuance of specific appropriation made by law; nor shall any 
appropriation of money be made for a longer term than two years. 



CONSTITUTION. 269 

A regular statement and account of receipts and expenditures of all 
public moneys shall be published every three months, in such man- 
ner as shall be prescribed by law. 

Art. 46. The General Assembly shall have no power to contract, 
or to authorize the contracting of any debt or liability, on behalf of 
the iState ; or to issue bonds or other evidence of indebtedness thereof, 
except for the purpose of repelling invasion, or for the suppression 
of insurrection. 

Art. 47. The General Assembly shall have no power to grant or to 
authorize any parish or municipal authority to grant any extra com- 
pensation, fee or allowance to a public officer, agent, servant or con- 
tractor, nor pay, nor authorize the payment, of any claim against 
the State, or any parish or municipality thereof, under any agree- 
ment or contract made without express authority of law; and all 
such unauthorized agreements or contracts shall be null and void. 

Art. 48. Tlie General Assembly shall not pass any local or special 
law on the following si^ecified subjecis: 

For the opening and conducting of elections, or fixing or changing 
the place of voting. 

Changing the names of persons. 

Changing the venue in civil or criminal cases. 

Authorizing the laying out, opening, closing, altering or main- 
taining roads, highways, streets or alleys, or i-elating to ferries and 
bridges, or incorporating bridge or ferry companies, except for the 
erection of bridges crossing streams which form boundaries between 
this and any other State. 

Authorizing the adoption or legitimation of children or the eman- 
cipation of minors. 

Granting divorces. 

Changing the law of descent or succession. 

Affecting the estates of minors or persons under disabilities. 

Remitting fines, penalties and forfeitures, or refunding moneys 
legally paid into the treasury. 

Authorizing the constructing of street passenger railroads in any 
incorporated town or city. 

Regulating labor, trade, manufacturing or agriculture. 

Creating corporations, or auiending, renewing, extending or ex- 
plaining the charters thereof; provided, this shall not apply to 
municipal corporations having a population of not less than twenty- 
five hundred inhabitants, or to the organization of levee districts 
and parishes. 

Granting to any corporation, association, or individual any special 
or exclusive right, privilege or immunity. 

Extending the time for the assessment or collection of taxes, or 
for the relief of any assessor or collector of taxes from the per- 
formance of his ofiicial duties, or of his sureties from liability; ncr 
shall any such law or ordinance be passed by any political corpora- 
tion of this State. 

Regulating the practice or jurisdiction of any court, or changing 
the rules of evidence in any judicial proceeding or inquiry before 
courts, or providing or changing uiethods for the collection of debts 



270 HISTORY OF LOUISIANA. 

or the enforcement of judgments, or prescribing tlie effects of judi- 
cial sales. 

Exempting property from taxation. 

Fixing the rate of interest. 

Concerning any civil or criminal actions. 

Giving effect to informal or invalid wills or deeds, or to any illegal 
disposition of property. 

Regulating the management of public schools, the building or re- 
pairing of schoolhouses, and the raising of money for such pur- 
poses. 

Legalizing the unauthorized or invalid acts of any officer, servant, 
or agent of the State, or of any parish or municipality thereof. 

Art. 49. The General Assembly shall not indirectly enact si)ecial 
or local laws by tbe partial repeal of a general law; but laws re- 
pealing local or special laws may be passed. 

Art. 50. No local or special law shall be passed on any subject 
not enumerated iu Article 48 of this Constitution, unless notice of the 
intention to apply therefor shall have been published, without cost 
to the State, in the locality where the matter or thing to be affected 
may be situated, which notice shall state the substance of the con- 
templated law, and shall be published at least thirty days prior to 
the introduction into the General Assembly of such bill, and in the 
same manner provided by law for the advertisement of judicial sales. 
The evidence of such notice having been published, shall be ex- 
hibited in the General Assembly before such act shall be passed, and 
every such act shall contain a recital that such notice has been given. 

Art. 51. No law shall be passed lixing the price of manual labor. 

Art. 52. Any member of the General Assembly who has a personal 
or private interest in any measure or bill proposed, or pending 
before the General Assembly, shall disclose the fact to the house of 
which he is a member, and shall not vote thereon. 

Art. 53. No money shall ever be taken from the public treasury, 
directly or indirectly, in aid of any church, sect or denomination of 
religion, or in aid of any priest, preacher, minister or teacher 
thereof, as such, and no prffei'cnce shall ever be given to, nor any 
discrimination made against any church, sect or creed of religion, 
or any form of religious faith or worship; nor shall any appropria- 
tion be made for private, chariiable or benevolent purposes to any 
person or community; provided, this shall not apply to the State 
Asylum for the Insane and State Institution for the Deaf and Dumb, 
and State Institution for the Instruction of the Blind, and the charity 
hospitals and public charitable institutions conducted under State 
authority. 

Art. 64. The General Assembly shall have no power to increase 
the expenses of any oftice by appointing assistant officials. 

Art, 65. The general appropriation bill shall embrace nothing but 
appropriations for the ordinary expenses of the government, interest 
on the public debt, public schools and public charities; and such 
bill shall be so itemized as to show forwhat account each and every 
appropriation shall be made. All other appropriations shall be 
made by separate bills, each embracing but one object. 



CONSTITUTION. 271 

Art. 56. Each appropriation shall be for a specific purpose, and 
no appropriation shall be made under the head or title of contin- 
gent; nor shall any officer or department of government receive any 
amount from the treasury for contingencies or for a continajent 
fund. 

Art. 57. No appropriation of money shall be made by the General 
Assembly in the last five days of the session thereof. All appropri- 
ations, to be valid, shall be passed and receive the signatures of the 
President of the Senate and Speaker of the House of Representatives 
five full days before the adjournment sine die of the General Assem- 
bly. 

Art. 5S. The funds, credit, property or things of value of the 
State, or of any political corporation thereof, shall not be loaned, 
pledged or granted to or for any person or persons, association or 
corporation, public or private; nor shall the State, or any political 
corporation, purchase or subscribe to the capital or stock of any 
corporation or association whatever, or for any private enterprise. 
Nor shall the State, nor any political corporation thereof, assume 
the liabilities of any political, municipal, parochial, private or other 
corporation or association whatsoever; nor shall the State undertake 
to carry on the business of any such corporation or association, or 
become a part owner therein; provided, the State, through the 
General Assembly, shall have power to grant the right of way 
through its public lands to any railroad or canal; and, provided. 
Police Juries and municipal corporations may, in providing for 
destitute persons, utilize any charitable institutions within their 
corporate limits for the care, maintenance and asylum of such per- 
sons; and all appropriations made to such institutions for the 
purpose aforesaid shall be accounted for by them in the manner 
required of officials entrusted wilh public funds. 

Art. 69, The General Assembly shall have no power to release or 
extinguish, or to authorize the releasing or extinguishment, in whole 
or in part, of the indebtedness, liability or obligation of any corpora- 
tion or individual to the State, or to any parish or municipal 
corporation thereof; provided, the heirs to confiscated property 
may be released from all taxes due thereon at the date of its rever- 
sion to them. 

Art. 60. No educational or charitable institution, other than the 
State institutions now existing, or expressly provided for in tbis 
Constitution, shall be established by the State, except upon a vote of 
two-thirds of the members elected to each House of the General 
Assembly 

Executive Department. 

Art. 61, The Executive Department shall consist of a Governor, 
Lieutenant Governor, Auditor. Treasurer and Secretary of State. 

Art. 62. The supreme executive power of the State shall be vested 
in a chief magistrate, who shall be styled the Governor of Louisiana. 
He shall hold his office during four years, and, together with the 
Lieutenant Governor, chosen for the same term, shall be elected ag 



272 HISTORY OF LOUISIANA. 

follows : The qualified electors for Representatives shall vote for a 
Governor and Lieutenant Governor at the time and place of voting 
for Representatives. The return of every election for Governor and 
Lieutenant Governor shall be made and sealed up separately from 
the return of election of other ofiicers, and transmitted by the proper 
officer of every parish to the Secretary of State, who shall deliver 
them, unopened, to the General Assembly then next to be holden. 
The members of the General Assembly shall meet on the first 'J'hurs- 
day after the day on which they assemble, in the House of Repre- 
sentatives, to examine, tabulate and count the votes evidenced by 
said returns. The person having the greatest number of votes for 
Governor shall be declared duly elected; but in case two or more 
persons shall be equal and highest in the number of votes polled for 
Governor, one of them shall be immediately chosen Governor by the 
joint vote of the members of the General Assembly. The person 
having the greatest number of votes for Lieutenant Governor shall 
be declared duly elected Lieutenant Governor; but in case two or 
moi-e persons shall be equal and highest in the number of votes 
polled for Lieutenant Governor, one of them shall be immediately 
chosen Lieutenant Governor by the joint vote of the members of the 
General Assembly. 

Art. 63. No pei'son shall be eligible to the office of Governor, or 
Lieutenant Governor, who shall not have attained the age of thirty 
years, been ten years a citizen of the United States, and resident of 
the State for the same period of timo next preceding his election; or 
who shall hold oftiee under the United States at the tinie of or within 
six months immediately preceding the election for such office; nor 
shall any person who shall have been elected, qualified and served 
as Governor under this Constitution be eligible as his own succes- 
sor; provided, however, that he may again be eligible to the office 
at the expiration of one or more terms after the term for which he 
shall have served. 

Art. 64. The Governor and Lieutenant Governor shall enter on 
the discharge of their duties the first Monday next ensuing the an- 
nouncement by the General Assembly of the result of the election 
for Governor and Lieutenant Governor; and each shall continue in 
office until the first Monday next succeeding the day that his succes- 
sor shall have been declared duly elected, and shall have taken the 
oath, or affirmation, required by the Constitution. 

Art. C5. In case of the impeachment of the Governor, his removal 
from office, death, refusal or inability to qualify, disability, resigna- 
tion, or absence from the State, the powers and duties of the office 
shall devolve upon the Lieutenant Governor for the residue of the 
term, or until the Governor, absent or impeached, shall return or be 
acquitted or the disability be removed. In the event of the removal, 
impeachment, death, resignation, dis^^ability or refusal to qualify, of 
both the Governor and the Lieutenant Governor, the President pro 
tempore of the Senate shall act as Governor until the disability be re- 
moved, or for the residue of the term. If there should be no Presi- 
dent j[>ro tempore of the Senate, when any of the above mentioned 
contingencies arise for him to act as Governor, or in the event of 



CONSTITUTION. 273 

the removal, death, resignation, permanent disability, or refusal to 
qualif}', of the President j^ro tempore^ the Secretary of State shall act 
as Governor until a President iiro tempore be elected, either in regu- 
lar session, or in specially called session, should the vacancy have 
occurred during recess; and la the event of the impeachment, or 
temporary disability, of the President pro tempore^ acting Governor, 
the Secretary of State shall likewise act as Governor until the disa- 
bility be removed, or the impeachment proceedings be terminated in 
acquittal, or until another President pro tempore of the Senate be 
chosen. 

Art. 66. The Lieutenant Governor, or President pro tempore^ or 
Secretary of State, discharging the duties of the Governor, sball, 
during his administi*ation, receive the same compensation to which 
the Governor would have been entitled had he continued in office. 

Art. 67. The Lieutenant Governor shall be ex-officio President of 
the Senate, but shall only have a casting vote therein. 'J'lie Senate 
shall elect one of its members as President pro tempore of the Senate. 

Art. 68. The Lieutenant Governor shall receive for his services a 
salary of fifteen hundred dollars, payable monthly on his own war- 
rant. In the event of a vacancy in the office of Lieutenant Governor 
by death, resignation, or any other cause, the President pro tempore 
of the Senate shall till the office of Lieutenant Governor, performing 
all the duties incident to the office, and receiving its emoluments. 

Art. 69. The Governor shall have power to grant reprieves for 
all offenses against the State; and, except in cases of impeachment, 
or treason, shall, upon the recommendation in writing of the Lieu- 
tenant Governor, Attorney-General, and i^residing Judge of the 
court before which the conviction was had, or of any two of them, 
have power in his discretion to grant pardons, commute sentences 
and remit fines and forfeitures, after conviction. la case of treason 
he may grant reprieves until the end of the next session of the Gen- 
eral Assembly, in which body the power of pardoning is vested. 

Art. 70. The Governor shall receive a salary of five thousand dol- 
lars per annum, payable monthly, on his own warrant. 

Art. 71. He shall nominate and, by and with the advice and con- 
sent of the Senate, appoint all officers whose offices are established 
by this Constitution and whose appointments, or elections, are not 
herein otherwise provided for; provided, however, that the General 
Assembly shall have the right to prescribe the mode of appoint- 
ment or election to all offices created by it. 

Art. 72. The Governor shall have the power to fill vacancies that 
may happen during the recess of the Senate, in cases not otherwise 
provided for in this Constitution, by granting commissions which 
shall expire at the end of the next session; but no person who has 
been nominated for office and rejected shall be appointed to the same 
office during the recess of the Senate. The failure of the Governor 
to send into the Senate the name of "any person appointed for office, 
as herein provided, shall be equivalent to a rejection. 

Art. 73. He may require information in writing from the officers in 
tke executive departments upon any subject relating to the duties of 
their respective offices. He shall be Commander-in-Chief of the 



274 HISTOUY OF LOUISIANA. 

miliiia of the State, except, when they shall be called into the actual 
eervice of the United States. 

Art. 74. He shall, from time to time, give to the General Assembly 
information respecting the situation of the Slate, and recommend to 
its consideration such measures as he may deem expedient. 

Art. 75. He shall take care that the laws be faithfully executed, 
and he may, on extraordinary occasions, convene the General As- 
sembly at the seat of government, or. if that should have become 
dangerous from an enemy or from an epidemic, at a different place. 
The power to legislate shall be limited to the objects specially enu- 
merated in the proclamation convening such extraordinary session; 
thei'ein the Governor shall also limit the time such session may con- 
tinue; provided it shall not exceed thirty days. Any legislative ac- 
tion had after the time so limited or as to objects not enumerated in 
said proclamation, shall be null and void. 

Art. 70. Every bill which shall have passed both houses shall be 
presented to the Governor. If he approves it, he shall sign it; if 
not, he thall return it, with his objections in writing, to the house 
in which it originated, which house shall enter the objections at 
large upon the Journal, and proceed to reconsider the bill. If, after 
such reconsideralion, two-thirds of all the members elected to that 
house shall agree to pass the bill, it shall be sent, with the objections 
to the other house, by which likewise it shall be reconsidered; and 
if passed by two-thirds of the membei'S elected to that house, it shall 
be a law; but in such cases the votes of both houses shall be taken by 
yeas and nays, and the names of the members voting for and against 
the bill shall be entered on the Journal of each house respectively. 
If any bill shall not be returned by the Governor within five days 
after it shall be presented to him, it shall be a law in like manner as 
if he signed it, unless the General Assembly, by adjournment, shall 
prevent its return, in which case it shall not be a law. 

Art. 77. The Governor shall have power to disapprove of any 
item or items of any bill making appropriations of money, embrac- 
ing distinct items, and the part or parts of the bill approved shall be 
law, and the item or items of appropriation disapproved shall be 
void, unless repassed according to the rules and limitations pre- 
scribed for the passage of other bills over the executive veto. 

Art. 78. Every order, resolution, or vote, to which the concurrence 
of both bouses may be necessary, except on a question of adjourn- 
ment, or matters of parliamentary proceedin s, or an address for re- 
moval from office, shall be presented to the Governor, and before it 
shall take effect, be approved by him, or, being disapproved, shall 
be repassed according to the rules and limitations prescribed for the 
passage of bills over the executive veto. 

Art. 79. The Treasurer, Auditor, Attorney General and Secretary 
of State shall be elected by qualilled electors of the State, at the 
time and place of voting for Kepresentatives, for the term of four 
years; and in case of vacancy caused by death, resignation, perma- 
nent absence or otherwise, of any of said officers, the Governor 
shall fill the vacancy by appointment, with the advice and con- 
sent of the Senate; provided, the Secretary of State shall have 



CONSTTTUTION. 275 

authority to appoint an assistant, wtio shall be known as Assistant 
Secretary of State, sic or in ease of his disability to act, or under the 
directions of the Secretary of State, the Assistant Secretary of State 
shall have authority to perform all the acts and duties of the office 
of Secretary of State. The Secretary of State shall have authority 
to remove the i^ssistant Secretary of State at pleasure. 

Art. 80. The Treasurer shall not be eligible as his own immediate 
successor. 

Art. 81. The Auditor of Public Accounts shall receive a salary of 
two thousand five hundred dollars per annum. The Treasurer shall 
receive a salary of two thousand dollars per annum. The hecretary 
of State shall receive a salary of one thousand eight hundred dollars 
per annum. Each of the said officers shall be paitl monthly, and no 
fees, or perquisites, or other compensation shall be allowed them; 
provided, that the Secretary of State may be allowed fees, as may be 
provided by law, for copies and certificates furnished to private 
persons. 

Art. 82. Appropriations for the clerical expenses of the officers 
named in the preceding article shall specify each item of appropri- 
ation; and shall not exceed in any one year, for the Treasurer, the 
sum of two thousand dollars; for the Secretary of State, the sum of 
two thousand five hundred dollars, and the salary of the Assistant 
Secretary of State shall be included in this amount; and for the 
Auditor of Public Accounts the sum of four thousand dollars. 

Art. 83. All commissions shall be in the name and by the author- 
ity of the State of Louisiana; and shall be sealed with the State seal, 
signed by the Governor and countersigned by the Secretary of State 

Judiciary Department. 

Art. 84. The judicial power of the State shall be vested in a 
Supreme Court, in Courts of Appeal, in District Courts, in justices 
of the peace and in such other courts as are hereinafter provided for. 

Art. 85. The Supreme Court, except as hereinafter provided, shall 
have appellate jurisdiction only, which jurisdiction shall extend to 
all cases where the matter in dispute, or the fund to be distributed, 
whatever may be the amount therein claimed, shall exceed two thou- 
sand dollars, exclusive of interest; to suits for divorce and separa- 
tion from bed and board, and to all matters arising therein; to suits 
involving alimony, for the nullity of marriage, or for interdiction; 
to all matters of adoption, emancipation, legitimacy and custody of 
children; to suits involving homestead exemptions, and to all cases 
in which the constitutionality or legality of any tax, toll or impost 
whatever, or of any fine, forfeiture or penalty imposed by a munici- 
pal corporation shall be in contestation, whatever may be the 
amount thereof, and to all cases wherein an ordinance of a munici- 
pal corporation or a law of this State has been declared unconstitu- 
tional, and in such cases the appeal on the law and the facts shall be 
directly from the court in which the case originated to the Supreme 
Court; and to criminal cases on questions of law alone, whenever 
the punishment of death or imprisonment at hard labor may be 



276 niSTOBT OF LOnSIAKA. 

inflicted or a fine eseeeding three hundred dollars, or imprisonment 
exceeding sis months, is aeruallr imposed. Said court shall have 
such original jurisdiction as may be necessary to enable it to deter- 
mine questions of fact afiectingits own j '.irisdiction in any case pend- 
ing before it. or it may remand the case; and shall have exclusive 
original jurisdicrion in all matters touching professional misconduct 
of members of the bar. ^vith power to disbar under such rules as 
may be adopted by the court. 

Art. S6. The Supreme Court shall be composecLof one Chief Jus- 
tice and four Associate Justices, a majority of whom shall constitute 
a quoruu:. The Chief Justice and Associate Justices shall each re- 
ceive a salary of not less than five thousand dollars per annum, 
payable monthly on his own warrant. They shall be app)ointed by 
the Governor, with the advice and consent of the Senate, for the 
term of twelve years. In case of death, resignation or removal from 
oflBce of any justice, the vacancy shall be filled by appointment for 
the imexpired term of such justice. They shai; be citizens of the 
United States and of this State, over thirty-five years of age, learned 
in the law. and shall have practiced law in this State for ten years 
preceding their appointment. 

Art. S7. The State shall be divided into four Supreme Court 
districts, and the Supreme Court shall always be composed of justices 
appointed from said districts. The parishes of Orleans. St. John the 
Baptist. Sr. Charles, St. Bernard. Plaquemines, and Jeffei^on shall 
compose the first district, from which two justices shall be 
appointed. 

The parishes of Caddo, Bossier, Webster, Bienville. Claiborne. 
Union, Lincoln, Jackson. Caldwell. Ouachita. Morehouse. Richland. 
Franklin. West Carroll. East Carroll. Madison. Tensas. Concordia, 
and Catahoula, shall compose the second district, from which one 
justice shall be appointed. 

The parishes of DeSoto. Eed River. Wiim, Grant. Xatchitoches, 
Sabine. Yemon. Calcasieu. Cameron. Rapides. Avoyelles. Pointe 
Coupee, West Baton Rouge. Iberville. St. Landry. Acadia, Lafayette, 
and Vermillion, shall compose the third district, from which one 
justice shall be appointed. 

The parishes of St. Martin, Iberia, St. Mary. Terrebonne. La- 
fourche, Assumption, Ascension. St. James. East Baton Rouge. East 
Feliciana. West Feliciana. St. Helena, Livingston. Tangipahoa. St. 
Tammany, and Washington shall compose the fourth district, from 
which one justice shall be appointed. 

The justices of the Supreme Court, as now constituted, shall serve 
until the expiration of their respective terms. When the ofiice of 
Chief Justice becomes vacant, either from expiration of term, death, 
resignation, or from any other cause, the Associate Justice who has 
served the longest time, shall bv virtue of said length of service, 
become Chief Justice, and the new appointee shall become an 
Associate Justice only. 

Art. Sf. The Supreme Court shall hold its sessions in the City of 
New Orleans from the first Monday in the month of November to 



(CONSTITUTION. 277 

tbe end of the month of June in each and every year. It shall 
appoint its own clerks and remove them at pleasure. 

The General Assembly shall make the necessarry appropriation to 
provide suitable and commodious buildings for said court and the 
records thereof, and for the care and maintenance of the State 
library therein; and shall provide for the repair and alteration of 
the building now occupied by the court. 

Art. 89. No judgment shall be rendered by the Supreme Court 
without the concurrence of three justices. Whenever three mem- 
bers can not concur in any case, in consequence of the recusation of 
any member or members of the court, or for any other cause, the 
court shall have authority to call on any judge or judges of the 
Courts of Appeals, or District Courts, whose duty it shall be, when 
so called upon, to sit in such case. 

Art. 90. All judges, by virtue of their office, shall be conservators 
of the peace throughout the State. The style of all process shall be 
"The State of Louisiana."' All prosecutions shall be carried on in 
the name and by the authority of the State of Louisiana, and con- 
clude : '-Against the peace and dignity of the same."' 

Art. 91. The judges of all courts, whenever practicable, shall re- 
fer to the law by virtue of which every definitive judgment is ren- 
dered, and in every case they shall adduce the reasons on which 
their judgment is founded. Service of citation shall not be waived 
nor judgment confessed, by any document under private signature 
executed prior to the maturity of the obligation sued on. 

Art. 92. The decisions of the Supreme Court shall be reported 
xmder the direction of the court; the publication thereof shall be 
let out by contract to the lowest bidder, who need not be a citizen 
of the State; provided, that the annual reports for the year 1898, 
Shall be published in numbers, and completed under the present 
contract therefor, and the present reporter shall remain in office un- 
til February 1, 1899. 

Concurring and dissenting opinions shall not be published, 

'Ene General Assembly shall annually appropriate the sum of two 
thousand dollars, as salary of stenographers to be appointed by the 
court, and for the use of the justices thereof. 

Art. 93. The Supreme Court, and each of the justices thereof, 
shall have power to issue the writ of habeas corpus, at the instance 
of any person in actual custody, in any case where it may have ap- 
pellate jurisdiction. 

Art. 94. The Supreme Court shall have control and general super- 
vision over all inferior courts. The Court, or any justice thereof, 
shall have power to issue writs of certiorari, prohibition, mandamus, 
quo warranto, and other remedial writs. 

Art. 95. In all cases where there is an appeal from a judgment 
rendered on a reconventional demand, the appeal shall lie to the 
court having jurisdiction of the main demand. 

Art. 96. Except as herein provided, no duties or functions shall 
ever be attached by law to the Supreme Court, Courts of Appeal, or 
District Courts, or to the several justices, or judges thereof, except 
such as are judicial, and the said justices and judges are prohibited 



278 HISTORY OK LOUISIANA. 

from receiving any fees of office, or other compensation than their 
salaries, for any official duty performed by them. No judicial pow- 
ers, except as committing magistrates in criminal cases, shall be 
conferred on any officer other than those mentioned in this title, ex- 
cept such as may be necessary in towns and cities; provided, the 
General Assembly shall have the power to abolish justice of the 
peace courts in wards containnig cities of more than five thousand 
inhabitants, and to create in their stead courts with such civil juris- 
diction as is now vested in justices of the peace, and with criminal 
jurisdiction which shall not extend beyond the trial of offences not 
punishable by imprisonment at hard labor under the laws of this Sta te, 
and of violations of municipal and parochial ordinances, and the 
holding of preliminary examinations in cases not capital. Provided, 
the compensation of the judges of such courts shall be paid by the 
parishes and cities in which they are established, in such propor- 
tions as may be provided by law. 

Attorney General. 

Art. 97. There shall be an Attorney General for the State, who 
shall be elected by the qualified electors of the State at large every 
four years. He shall be learned in the law, and shall have actually 
resided and practiced law, as a licensed attorne}', in the State for live 
years preceding his election. He shall receive a salary of three 
thousand dollars per annum, payable monthly on his own Avarrant. 

Courts ok Appeal. 

Art. 98. The Courts of Appeal, except as oiherwise provided in 
this Constitution, shall have appellate jurisdiction only, which juris- 
diction shall extend to all cases, civil or probate, when the matter in 
dispute or the funds to be distributed shall exceed one hundred 
dollars, exclusive of interest, and shall not exceed two thousand 
dollars, exclusive of interest. 

Art. 99. The Courts of Appeal shall remain as at present consti- 
tuted, until the first day of July, 1900. From and after that date the 
several Courts of Appeal, except as hereinafter provided, shall con- 
sist of oue of the judges of those courts whose terms shall not have 
expired, and who, with a judge of a district court to be designated 
by the Supreme Court, shall be assigned by the Supreme Court to 
that duty, throughout the State. 

From and after the first day of July, 1904, the Courts of Appeal 
shall be comi^osed of two district judges, to be from time to time 
designated by the Supreme Court, and assigned to the performance 
of the duties of judges of said Courts of Appeal; provided, that no 
district judge shall be assigned to serve as a member of the Court of 
Appea.1 for any parish in his own district; and, provided further, 
that district judges shall be paid their actual and necessary expenses 
when serving as judges of the Courts of Appeal in such manner as 
may be provided by law. 

Art. 100. There shall be two terms of the said Courts of Appeal 



gONSTITUTlON. 279 

held in each parish annually, to be fixed by the judges of said courts, 
until the first day of July, 1904. Thereaf.er the terms of said courts 
shall be fixed in such manner as may be provided by law. 

Art. 101. The jud;jjes of the Courts of Appeal shall have power to 
certify to the Supreme CoarC any question or proposition of law aris- 
ing in any cause pending before them concerning which they desire 
the instruction of th:it court, for is proper decision ; and thereupon 
the Supreme Court may either give its instruction on the question or 
proposition certified to it, whicli shall be binding upon the Court of 
Appeal in such case, or it may require that the whole record be sent 
up for its consideration, and thereupon shall decide the whole mat- 
ter in controversy in the same manner as if it had been on appeal 
directly to the Supreme Court. It shall be competent for the 
Supreme Court to require by certiorari, or otherwise, any case to 
be certified from the Courts of Appeal to it for its review and deter- 
mination, with the same power and authority in the case, as if it 
had been carried directly by appeal to the said court; provided, that 
the Supreme Court shall in no case exercise the power conferred on 
it by this article, unless the application be made to the court, or to 
one of the justices thereof, not later than thirty days after the decis- 
ion of the Court of Appeals has been rendered and entered. 

Art. 102. No judgment shall be rendered by the Courts of Appeal 
withotit the concurrence of two judges. Whenever there shall be a 
disagreement in the Courts of Appeal above provided, the Court 
shallappoint a district judge or a lawyer having the qualifications 
of a judge of the court to sit in the case, and in case of the recusa- 
tion, absence, or disability, of one of the judges, the other judge 
shall select a judge or lawyer, as aforesaid, to sit in the case. In 
the Court of Appeal for the parish of Orleans, when two judges can 
not concur for any reason, the court shall select a district judge, or 
judges, to sit in the case. 

Art. 103. All cases on appeal to the Courts of Appeal shall be tried 
on the original record, x^leadings and evidence. 

Art. 104. The rules of practice regulating appeals to and proceed- 
ings in the Supreme Court shall apply to appeals and proceedings 
in the Courts of Appeal, so far as they may be applicable, until 
otherwise provided. The Courts of Appeal, and each of the judges 
thereof, shall have power to issue the writ of habeas corpus at the 
instance of any person in actual custody within their respective cir- 
cuits. 

They shall also have authority to issue writs of mandamus, prohi- 
bition, and certiorari, in aid of their appellate jurisdiction. 

Art. 105. The several judges of the Courts of Appeal, as consti- 
tuted under the Constitution of 1879, shall each receive a salary of 
four thousand dollars per annum, payable monthly on his own war- 
rant. 

Art. 106. The sheriff of the parish in which the sessions of the 
court are held shall attend in person, or by deputy, to execute the 
orders of the court. 



280 HISTORY OF LOUISIANA. 

District Courts. 

Art. 107. The State shall be divided into not less than twenty nor 
more than twenty-nine judicial districts, the parish of Orleans 
excepted. 

Until otherwise provided by law, there shall be twenty-nine dis- 
tricts. 

Art. 108. The parish of Caddo shall compose the first district. 

The parishes of Bossier and Webster shall compose the second 
district. 

The parishes of Claiborne and Bienville shall compose the third 
district. 

The parishes of Union and Lincoln shall compose the fourth 
district. 

The parishes of Caldwell, Jackson and Winn shall compose the 
fifth district. 

The parishes of Ouachita and Morehouse shall compose the sixth 
district. 

The parishes of West Carroll and Richland shall compose the 
seventh district. 

The parishes of Franklin and Catahoula shall compose the eighth 
district. 

The parishes of Madison and East Carroll shall compose the ninth 
district. 

The parishes of Concordia and Tensas shall compose the tenth 
district. 

The parishes of Xatchitochcs and Red River shall compose the 
eleventh district. 

The parishes of De Soto, Sabine and Veinon shall compose the 
twelfth district. 

The i^arishes of Rapides and Grant shall compose the thirteenth 
district. 

The parish of Avoj^elles shall compose the fourteenth district. 

The parishes of Calcasieu and Cameron shall compose the fif- 
teenth district. 

The parish of St. Landry shall compose the sixteenth district. 

The parish of Vermillion shall compose the seventeenth district. 

The parishes of Acadia and Lafayette shall compose the eigh- 
teenth district. 

The parishes of Iberia and St. Martin shall compose the nine- 
teenth district. 

The parishes of Terrebonne and Lafourche shall compose the 
twentieth district. 

The parishes of Iberville, West Baton Rouge, and Pointe Coupee 
shall compose the twenty-tlrst district. 

The parish of East Baton Rouge shall compose the twenty-second 
district. 

The parish of St. Mary shall compose the twenty-third district. 

The parishes of East P'eliciana and West Feliciana shall compose 
the twenty-fourth district. 



CONSTITUTION. 281 

The parishes of St. Helena, Livingston, and Tangipahoa shall 
compose the twenty-fifth district. 

Tlie parishes of Washington and St. Tamnianj^ shall compose the 
twenty -sixth district. 

The parishes of Ascension, St. James, and Assumption shall com- 
pose the twenty-seventh district. 

The parishes of St. John the Baptist, St. Charles, and Jefferson 
shall compose the twenty-eighth district. 

The parishes of St. Bernard and Plaquemines shall compose the 
twenty-ninth district. 

The judges of the first, sixth, tenth, eleventh, twelfth, thirteenth, 
fifteenth, sixteenth, nineteenth, twentieth, twenty-second, twenty- 
third, twenty-fifth, twenty-seventh, and twenty-eighth districts shall 
each receive a salary of three thousand dollars per annum, and the 
judges of the second, third, fourth, ninth, fourteenth, eighteenth, 
twenty-first, twenty-fourth, twenty-sixth, and twenty-ninth dis- 
tricts shall each receive a salary of two thousand five hundred dol- 
lars; the judges of the fifth, seventh, eighth, and seventeenth dis- 
tricts shall each receive a salary of two thousand dollars per annum ; 
such salaries to be paid monthly on their own warrants. Provided, 
that if the General Assembly at any time reduces the number of 
districts, as herein fixed, it shall have the right to regrade the 
salaries of the judges, but in no case shall any judge receive a 
salary in excess of three thousand dollars per annum. 

Art. 109. The District Courts, except in the Parish of Orleans, 
shall have original jurisdiction in all civil matters where the amount 
in dispute shall exceed fifty dollars, exclusive of interest, and in all 
cas^s where title to real estate is involved, or to office, or other pub- 
lic position, or civil or political rights, and all other cases where no 
specific amount is in contest, except as otherwise provided in this 
Constitution. They shall have unlimited and exclusive original 
jurisdiction in all criminal cases, except such as may be vested in 
other courts authorized bj^ this Constitution; and in all probate and 
succession matters, and where a succession is a party defendant ; and 
in all cases where the State, parish, any municipality or other 
political corporation, is a party defendant, regardless of the amount 
in dispute; and of all proceedings for the appointment of receivers 
or liquidators to corj^orations or partnerships; and said courts shall 
have authority to issue all such wrirs, process and orders as may be 
necessary or proper for the purposes of the jurisdiction herein con- 
ferred upon them. There shall be one district judge in each judicial 
district, except in the twenty-first judicial district, where, until 
otherwise provided by law, there shall be two district judges, who 
shall not be residents of the same parish. District judges shall be 
elected by a plurality of the qualified voters of their respective dis- 
tricts, in which they shall have been actual residents for two years 
next preceding their election; provided, one year's residence only 
in the district shall be required for the first election under this Con- 
stitution. They shall be learned in the law, and shall have practiced 
law in the State five years previous to their election. 

The first district judges under this Constitution shall be elected at 



2SJ HISTORY OF LOUISIANA. 

the general State election in 1900, and shall hold ofRce until their 
successors are elected at the election on the Tuesday after the tirst 
Monday in iSTovember, 1904, at which time, and every four years 
thereafter, district judges shall be elected for terms of four years. 

Vacancies occasioned by death, resignation, or otherwise, shall be 
filled for the unexpired term by appointment by the Governor, with 
the advice and consent of the Senate. 

Art. 110. The General Assembly shall not have power to increase 
the number of district judges in any district. 

Art. 111. The District Courts shall have jurisdiction of appeals 
from justices of the peace in all civil matters, regardless of the 
amount in dispute, and from all orders requiring a peace bond. 
Persons sentenced to a fine or imprisonment, by Mayors or Record- 
ers, shall be entitled to an appeal to the District Court of the parish, 
upon giving security for fine and costs of court, and in such cases 
trial shall be de novo and without juries. 

Art. 112. The General Assembly shall provide by law for the inter- 
change of district judges; and also for the trial of recused cases in 
the District Courts by the selection of licensed attorneys at law, by 
an interchange of judges or otherwise. Whenever any district judge 
is prevented by disability, or any other cause whatever, from hold- 
ing his court, and that fact is made to appear by the certificate of the 
clerk, under the seal of the court, to the Supreme Court, or to any 
justice thereof, if in the judgment of the court, or any justice, the 
public interest so requires, the court or such justice shall designate 
and appoint any district judge of any other district to hold said court 
and discharge all the judicial duties of the judge so disabled during 
eaid disability. Such appointment shall be filed in the clerk's office 
and entered on the minutes of said District Court, and a certified 
copy thereof, under the seal of the court, shall be transmitted by the 
clerk of the District Court to the district judge so designated and 
appointed. 

Art. 113. Wherever in this Constitution the qualification of any 
justice or judge shall be the previous practice of the law for a term 
of years, there shall be included in &uch term the time such justice 
or judge shall have occupied the bench of any court of record in this 
State; provided, he shall have been a licensed attorney for five years 
before his election or appointment. 

Art. 114. No judge of any court of the State shall be affected in his 
term of office, salary, or jurisdiction as to territory or amount, dur- 
ing the term or period for which he was elected or appointed. Any 
legislation so affecting any judge or court shall take effect only at 
the end of the term of office of the judge or judges, incumbents of 
the court, or courts, to which such legislation may apply at the time 
of its enactment. This article shall not affect the provisions of this 
Constitution relative to impeachment or removal from office. 

Art. 115. The district judges shall have power to issua the writ of 
habeas corpus at the instance of any person in aetual custody in their 
respective districts. 

Art. 116. The General Assembly shall provide for the selection of 
competent and intelligent jurors. All cases in which the punish- 



CONSTITUTION. 283 

ment maj^ not be at hard labor shall, until otherwise providevi by 
law, which shall not be prior to 1904, be tried by the judge without 
a jury. Cases in which the punishment may be at hard labor shall 
be tried by a jury of five, all of whom must concur to render a ver- 
dict; cases in which the punishment is necessarily at hard labor, by 
a jury of twelve, nine of whom concurring may render a verdict; 
cases in which the punishment may be capital, by a jury of twelve, 
all of whom must concur to render a verdict. 

Art. 117. District Courts shall hold continuous sessions during ten 
months of the year. In districts composed of more than one paiish 
the judge shall sit alternately in each parish, as the public business 
may require. Until otherwise provided by law, judgments sha' t be 
signed after three days from the rendition thereof, and become exec- 
utory ten days from such signing. 

The General Assembly shall provide for the drawing of juries for 
the trial of civil and criminal cases. A grand jury of twelve, lune 
of whom must concur to find an indictment, shall be empaneled in 
each parish twice in each year, and shall remain in otRce until a 
succeeding grand jury is empaneled; except in the parish of Cam- 
eron, in which at least one grand jury shall be empaneled each year. 
The district judge shall have authority to try at any time all misde- 
meanors, and when the jury is waived all cases; not necessarily pun- 
ishable at hard labor, and to receive pleas of guilty in cases Jess 
than capital. 

The provisions of this article shall go into effect upon the adop- 
tion of this Constitution. 

Art. 118. The District Courts as created and now existing under 
the Constitution of 1879, in the various parishes of the iState, as now 
apportioned under existing laws, shall remain undisturbed vmtil t e 
organization of the District Courts created by this Constitution, alier 
the general election of 1900, and the judges thereof shall receive sal- 
aries as now fixed. 

Sheriffs and Coroners. 

Art. 119. There shall be a sheriff and a coroner elected by the 
qualified voters of each parish in the State, except in the parish of 
Orleans, who shall be elected at the general election and hold office 
for four years. 

The coroner, except in the parish of Orleans, shall act for and in 
place of the sheriff whenever the sheriff shall be a party interested, 
and whenever there shall be a vacancj^ in the oflice of sheriff, until 
such vacancy shall be filled; but he shall not, during such vacancy, 
discharge the duties of tax collector. The sheriff, except in the par- 
ish of Orleans, shall be ex-officio collector of State and parish taxes. 

He shall give separate bonds for the faithful performance of h^s 
duty in each capacity. Until otherwise provided, the bonds shaU 
be given according to existing laws. 

Sheriffs elected or appointed shall furnish bond within thirty daj s 
from the date of their commissions, in default of which the office 
shall be declared vacant, and the Governor shall appoint for the 
remainder of the term. 



284 HISTORY OF LOUISIANA. 

Art. 120. The sheriff shall receive compensation from the parish 
for his services in criminal matters — the keeping of prisoners, con- 
veying convicts to the penitentiary, insane persons to the Insane 
Asylum, service of process from another parish, and service of pro- 
cess or the performance of any duty beyond the limits of his own 
parish excepted — not to exceed five hundred dollars per annum for 
each Representative the parish may have in the House of Repre- 
sentatives. 

The compensation of sheriffs as tax collectors shall not exceed five 
per cent on all sums collected and paid over; provided, that they 
shall not be discharged as tax collectors until they make proof that 
they have exhausted the legal remedies to collect taxes. 

Art. 121. The coroner in each parish shall be a doctor of medi- 
cine, regularly licensed to practice, and ex-officio parish physi- 
cian ; provided, this article shall not apply to any parish in which 
there is no regularly licensed physician who w'ill accept the office. 



Clerks. 

Art. 122. There shall be a clerk of the District Court in each 
parish, the Parish of Orleans excepted, who shall be ex-officio clerk 
of the Court of Appeal. 

He shall be elected by the qualified electors of the parish every 
four years, and shall be ex-officio parish recorder of conveyances, 
mortgages, and other acts, and notary public. 

He shall receive no compensation from the State or parish for his 
services in criminal matters. 

He shall give bond and security for the faithful performance of his 
duties in such amount as shall be fixed by the General Assembly. 

Art. 123. The General Assembly shall have power to vest in clerks 
of court authority to grant such orders and do such acts as may be 
deemed necessary for the furtherance of the administration of jus- 
tice ; and in all cases the power thus vested shall be specified and 
determined. 

Art. 124. Clerks of District Courts may appoint, with the approval 
of the district judges, deputies with such powers as shall be prescribed 
by law; and the General Assembly shall have power to provide 
for continuing one or more of them in office in the event of any 
vacancy in the office of clerk, until his successor shall have been 
appointed and duly qualified. 

District Attorneys. 

Art. 126. There shall be a District Attorney for each judicial dis- 
trict in the State, who shall be elected by the qualified electors of 
the judicial district at the same time and for the same term as is pro- 
vided in Article 109 for district judges. He shall receive a salary of 
one thousand dollars per annum, payable monthly on his own war- 
rant. He shall be an actual resident of the district and a licensed 
attorney in this State. 



CONSTITUTION. 285 

He shall also receive fees; but no fee shall be allowed in criminal 
cases, except on conviction, which fees shall not exceed five dollars 
in cases of misdemeanor. 

Any vacancy in the office of District Attorney shall be filled by 
appointiuent by the Governor for the unexpired term. 

Justices of the Peace. 

Art. 126. In each parish, the Parish of Orleans excepted, there shall 
be as many justices of the peace as may be provided by law. The 
present number of justices of the peace shall remain as now fixed 
until otherwise provided. They shall be freeholders and qualified 
electors and possess such other qualifications as may be prescribed 
by law. They shall be elected for the term of four years by the 
qualified voters within the territorial limits of their jurisdiction. 

They shall have exclusive original jurisdiction in all civil matters, 
when the amount in dispute shall not exceed fifty dollars, exclusive 
of interest, and original jurisdiction concurrent with the District 
Court when the amount in dispute shall exceed fifty dollars, exclu- 
sive of interest, and shall not exceed one hundred dollars, exclusive 
of interest; including suits for the ownership or possession of mov- 
able property not exceeding said amounts in value, and suits by 
landlords for possession of leased premises, when the monthly or 
yearly rent, or the rent for the unexpired term of the lease does not 
exceed said amounts. They shall have no jurisdiction in succession 
or probate matters, or when a succession is a defendant, or when the 
State, parish or any municipality or o.ther political corporation, is a 
party defendant, or when title to real estate is involved. They shall 
receive such fees in civil matters as may be fixed by law. They 
shall have criminal jurisdiction as committing magistrates, and shall 
have power to bail or discharge in cases not capital or necessarily 
punishable at hard labor. The General Assembly may by general 
or special laws invest justices of the peace in general or in any par- 
ticular parish or parishes with criminal jurisdiction over misde- 
meanors to be tried with a jury composed of not more than five nor 
less than three persons, in such manner as may be provided by law, 
with the right of appeal to the District Court in all cases, not ap- 
pealable to the Supreme Court, as hereinbefore provided for. 

Constables. 

Art. 127. There shall be a constable for the court of each justice 
of the peace in the several parishes of the State, who shall be elected 
for a term of four years, by the qualified voters within the territorial 
limits of the jurisdiction of the several justices of the peace. They 
shall receive such fees in civil matters as may be fixed by law. 

Art. 128. Justices of the peace and constables shall receive no fees 
in criminal matters, including peace bond cases, but, in lieu thereof 
such salaries as may be fixed by the police jury, and paid by the par- 
ish, which salaries shall be graded. 

Art. 129. The General Assembly, at its first session after this Con- 



•28U HISTORY OF LOUISIANA. 

stitution is adopted, shall provide a general fee bill, or bill of costs 
regulating and tixing the fees and compensation allowed sheriffs, 
clerks and recorders, justices of the peace, constables and coronet e 
in all civil matters. The General Assembly may provide in all civji 
cases for the service of process and pleadings by the litigants them- 
selves. 

Courts and Officers for the Parish of Orleans, and City of New 

Orleans. 

Art. 330. Except as herein otherwise provided, the judicial officers 
of the I'arish of Orleans, and of the City of New Orleans, shall be 
learned in the law, and shall have resided and practiced law or shall 
have held judicial positions in this State for live years, and shall have 
been actual residents of the City of New Orleans for at least two 
years next preceding their election or appointment, 

Art. 131. There shall be a Court of Appeal, to be known and 
designated as the Court of Appeal for the Parish of Orleans, which 
shall be composed of three judges, who shall be learned in the law 
and who shall have practiced law in this State for six years, and 
shall have been residents of one of the parishes hereinafter named 
for at least two years next preceding their election or appointment, 
and they shall be elected by the qualified electors of the said par- 
ishes. Said court shall sit in the City of New Orleans, and shall hold 
its session from the second Monday of October until the end of the 
month of June in each year. Said court, until the first day of 
August, 1900, shall be composed of the present judges thereof, and a 
third judge, who shall be elected by the qualified voters of the Parish 
of Orleans, at the Congressional election in the year 1898, and who 
shall serve in said court until the 1st of August, 1900. His successor 
shall be elected for a term of eight years from that date, at the general 
State election of 1900. On August 1, 1900, the [judge] of the Court of 
Appeal for the Fifth Circuit, as established under the Constitution 
of 1879, who was elected in the year 1S9U, shall become a member 
of the Court of Appeal for the Parish of Orleans, and together with 
the judge of that court elected in 189G, shall serve until the election 
of their successors at the Congressional election of 1904. At that 
election one judge of said court shall be elected for a term of six 
years and one for a term of eight years, and thereafter all elections 
for judges of said court shall be for terms. of eight years. 

Vacancies occasioned by death, resignation, or otherwise, shall be 
filled for the unexpired terms by appointment by the Governor, with 
the advice and consent of the Senate. 

The judges of said court shall each receive a salary of four thousand 
dollars per annum, payable monthly on his own warrant. 

After August 1. 1900, in addition to those from the Parish of Or- 
leans, all appeals within its jurisdiction from the parishes of Jefferson, 
St. Charles, Plaquemines, and St. Bernard, shall be returnable to 
said court, and the costs of filing same shall not exceed five dollars 
in each case. 



CONSTITUTION. 287 

All cases pending and undetermined on said date in the Courts of 
Appeal as now constituted, from said parishes, shall be transferred 
to said Court of Appeal for the Parish of Orleans without cost to the 
parties. 

There shall be a clerk of said Court of Appeal, who shall be 
elected by the qualified voters of said parishes for a term of four 
years, he shall be entitled to charge and retain as his compensation 
such fees as may be allowed by law. The first election for said 
clerk shall be held in the year 1S99, at the time the parochial and 
municipal elections are held in the City of Xew Orleans; said clerk 
shall appoint, if necessary, deputy clerks, and shall fix and pay 
their salaries; he shall give bond in the sum of five thousand 
dollars, which bond shall be examined in open court by the judges of 
the court, and all testimony given in said examination shall be re- 
duced to writing and made of record; he may be removed by the 
court for the same causes and in the same manner as is hereinafter 
provided for the clerk of the Civil District Court for the Parish of 
Orleans; he may act as minute clerk of the court or appoint a 
deputy to that position. 

Said Court of Appeal for the Parish of Orleans shall hereafter 
have appellate jurisdiction from the city courts of New Orleans as 
now constituted, under the same conditions as hereinafter provided 
for appeals from the City Courts to be organized under this Con- 
stitution. 

Art. 132. There shall be two District Courts for the Parish of 
Orleans, and no more. One of said courts shall be known as the 
Civil District Court, and the other as the Criminal District Court. 
For the Civil District Court there shall be not less than five judges, 
and for the Criminal District Court not less than two judges, who 
shall be elected by a plurality of the qualified electors of the Parish 
of Orleans for the term of twelve years, and who shall each receive 
an annual salary of four thousand dollars, payable upon his own 
warrant, in equal monthly instalments. 

Art. 133. The Civil District Court shall have exclusive and gen- 
eral original probate jurisdiction, and exclusive original civil juris- 
diction, in all cases where the amount in dispute or the fund to be dis- 
tributed, shall exceed one hundred dollars exclusive of interest; and 
exclusive jurisdiction in suits by married women for separation of 
property, insults for separation from bed and board, for divorce, for 
nullity of marriage, or for interdiction, and insults involving title to 
immovable property, or to office or other public position, or civil or 
political rights; and in all other cases, except as hereinafter pro- 
vided, where no specific amount is in contest, and of all proceedings 
for the appointment of receivers or liquidators to corporations or 
partnerships. And said court shall have authority to issue all such 
writs, process and orders as may be necessary or proper for the 
purposes of the jurisdiction herein conferred upon it. 

Art. 134. All cases after being filed in said Civil District Court 
shall be allotted or assigned, among the judges thereof, and, except 
as herein otherwise provided, each judge, or his successor, shall 
have exclusive control over every case allotted or assigned to him, 



288 HISTORY OF LOUISIANA. 

from its inception to its final determination in said court. In case 
of vacancy in the otlice, recusation, absence or disability of a judge 
to whom a case has been allotted or assigned, or in case such action 
is deemed advisable in the proper administration of justice, or of 
the business of the court, such case may be reallotted or reassigned, 
or without such reallotment or reassignment, but, imder rules to be 
adopted, it may be taken in charge by another judge of said court, 
and the judge to whom a case is thus reallotted or reassigned, 
or by whom it is thus taken in charge, shall be author- 
ized to act therein for all purposes as though such case had been 
originally allotted or assigned to him. Previous to the allotment 
or assignment of a case, any judge of said court may, for the pur- 
poses of such case, make interlocutory orders, and issue and grant 
conservatory writs and executory process. Applications for natural- 
ization, for emancipation, and by married women for aiuhorization, 
when there is consent given and no issue joined, or where there is 
no contest, suits for nullity, and for revival of judgment, and suits in 
which is claimed an interest in property or fu)ids as to which a par- 
ticular judge has acquired jurisdiction, need not be allotted or espe- 
cially assigned, but shall be controlled by law or b}' rules to be 
adopted by the court. 

Art. 135. Judgments homologating accounts, which have been 
duly advertised, when not opposed, or so far as not opposed, may be 
rendered and signed either in term time or vacation; and by any 
judge, in the absence or disability of the judge to whom the case 
has been allotted. 

Art. 13(5. The judges of said Civil District Court shall be author- 
ized to adopt rules, not in conflict with law, regulating the allot- 
ment, assignment and disposition of cases, the order in which they 
shall be tried, and the proceedings in such trials, and to sit en banc 
for the purpose of testing the bonds and sureties of the clerk of the 
court, the recorder of mortgages, the register of conveyances, and 
the civil sheriff; for the trial and removal of the clerk and civil 
sheriff, or either of them, for the selection of jurors, and in other 
cases when the action of the court as a whole is required. When sit- 
ting en banc the judge who has been longest in continuous service 
in said court, and in his absence the judge longest in service of 
those present, shall preside; and when a certificate or authentica- 
tion from the court is required such judge shall be authorized to 
sign the same as presiding judge. The court may, by its rules, grant 
the presiding judge further authority not in conflict with these 
provisions. Provided, that in rendering judgments en banc, the 
court shall conform, as far as practicable, to the rules and practice 
of the Supreme Court. 

Art. 137. There shall be one clerk for the Civil District Court, 
who, until the election and induction into office of the clerk of the 
Court of Appeal, provided for in Article 131, shall be ex-officio clerk 
of the Court of Appeal for the Parish of Orleans, and shall be 
elected by the voters of said parish for the term of four years. His 
qualifications and duties, except as herein provided, shall be as fixed 
by law; he shall furnish bond in the sum of twenty thousand dol- 



COKSTITUTION. 289 

lars, which bond shall be examined by the court, and all testimony 
given in such examination shall be reduced to writing and tiled of 
record in the court. He shall charge and collect the fees prescribed 
by the General Assembly, and shall dispose of the same as herein- 
after provided; the amount of his compensation shall be three 
thousand six hundred dollars per annum. 

Said clerk shall be authorized, with the approval of the judges of 
the Civil District Court, to appoint such depulies and other assist- 
ants, at salaries not to exceed those now fixed by the law, as in the 
opinion of said judges are needed for the efficient discharge of the 
duties of his office; and he may remove them at pleasure, or the 
court may remove them. The Court of Appeal for the Parish of Or- 
leans, until after the election of the clerk thereof, as hereinbefore 
provided, and each judge of the Civil District Court shall appoint 
one minute clerk, who shall be sworn as deputy clerk, and shall re- 
ceive an annual salary of eighteen hundred dollars in equal monthly 
installments; and the said Court of Appeal, until said election, shall 
also have the right to appoint one docket clerk. 

The minute clerk appointed by the judge of the Civil District 
Court longest in continuous service in said court, as hereinbefore 
provided, shall be ex-officio minute clerk of the court when sitting 
en banc, and shall receive, as additional compensation, three hun- 
dred dollars per annum, which shall be paid in like manner as his 
other compensation. The clerk of the Civil District Court shall be 
removable by the judges of said court, sitting en banc, upon proof, 
after trial, without a jury, of gross or continued neglect, incompe- 
tency, or unlawful conduct, operating injury to the court or to any 
individual, and a majority of said judges shall be competent to 
render judgment in the case. Such trial and the lodging of com- 
plaints leading thereto, shall be regulated by rules which shall be 
adopted by the judges of the Civil District Court and of the Criminal 
District Court in joint session. 

Art. 138. The Civil District Court shall select a solvent, incor- 
porated bank in New Orleans as a judicial depository, in which, un- 
less otherwise ordered by the court, shall be deposited all money as 
soon as the same shall come into the hands of the clerk or sheriff, 
and such deposits shall not be removed in whole or in part without 
an order from the judge seized with jurisdiction. 

Art. 139. The Criminal District Court shall have exclusive 
original jurisdiction for the trial and punishment of all offenses 
when the penality of death, imprisonment at hard labor, or impris- 
onment without hard labor for any time exceeding six months, or a 
fine exceeding three hundred dollars may be imposed, and appel- 
late jurisdiction in all cases tried before the City Criminal Courts, or 
Recorders' Courts of New Orleans, which cases shall be appealable 
on the law and the facts, and shall be tried on the record and the 
evidence as made and offered in the lower court. Provided, 
that until the General Assembly shall enact a law grading of- 
fenses, said court shall have general criminal jurisdiction ex- 
tending to all cases arising in the Parish of Orleans, the 
jurisdiction of which is not vested by law or by this Con- 



290 HISTORY OF LOUISIANA. 

stitution in some other court. Said court shall have gen- 
eral and supervisory jurisdiction over all inferior State and 
municipal criminal courts in the Parish of Orleans, and shall have 
authority to issue writs of habeas coi-pus, in criminal and quasi- 
criminal cases, and such other writs and orders as may be neces- 
sary or proper in aid of the jurisdiction conferred upon it; and to 
adopt rules not in conllict with law, regulating the order of prefer- 
ence, and proceedings in the trial of cases, and the method of allot- 
ting or assigning such cases, and of re-alloting and re-assigning 
them, in case of vacancy in the oflice, recusation, absence or disabil- 
ity of one or more of the judges, or in case such action is deemed 
necessary for the proper administration of justice. All prosecutions 
instituted in, and all cases appealed to said Criminal District Court 
shall be equally allotted or assigned by classes among the judges, and 
each judge, or his successor, "shall have exclusive control over any 
case allotted or assigned to him, from its inception to its tina^l deter- 
mination in said court, except as herein otherwise provided. 

There shall be one clerk for the Criminal District Court, who shall 
be elected by the voters of the Parish of Orleans, for the term of 
four years. His qualitications and duties, except as herein provided, 
shall be as fixed by law. He shall furnish bond in the sum of ten 
thousand dollars, which bond shall be examined by the court, in 
like manner as the bond of the clerk of the Civil District Court. He 
shall receive an annual salary of three thousand dollars, which shall 
be paid by the City of New Orleans, in equal monthly installments,- 
and he shall receive no other compensation. He shall appoint, with 
the approval of the court, such deputies, at such salaries, as may be 
fixed b}^ law. Said deputies may be removed at the pleasure of the 
clerk of the court, and their salaries shall be paid by the City of 
New Orleans. 

Each judge of said court shall appoint a minute clerk, who shall 
be sworn as a deputy clerk, and shall receive an annual salary of 
eighteen hundred dollars, which shall be paid by the City of New 
Orleans, in the same manner as the salary of the clerk. One of the 
said minute clerks, to be designated by the judge longest in contin- 
uous service in said court, shall be ex-oXlicio minute clerk of said 
court when sitting en banc, and shall receive, as additional compen- 
sation, three hundred dollars per annum, which shall be paid in like 
manner as his other compensation. The said clerk shall be remova- 
ble by the judges of the Criminal District Court for the causes, and 
in the manner prescribed for the removal of the clerk of the Civil 
District Court. 

Art. 140. There shall be in the City of New Orleans two inferior 
criminal courts, to be known respectively as the Fiist City Criminal 
Court and the Second [Citv] Criminal Court, each of which shall be 
presided over by one judge, and which shall have jurisdiction within 
the territory hereinafter prescribed, for the trial and punishment, 
without juries, and subject to appeal to the Criminal District Court, 
of all offenses against the State where ihe penalty does not exceed 
eix months' imprisonment in the parish jail, or a fine of three hun- 
dred dollars, or both; in all other cases the judges of said courts shall 



CONSTITUTION. 291 

have jurisdiction as committing magistrates, with authority to bail 
or discharge. 

The territorial jurisdiction of the First City Criminal Court shal 
extend over the First, Fourth, Sixth and Seventh Municipal Dis- 
tricts of tlie City of New Orleans; and of the Second City Criminal 
Court, over the Second, Third and Fifth Municipal Districts of said 
city. 

Said judges shall be elected by the voters of the City of New Or- 
leans, at large, for the term of four years; the first election there- 
for, shall be tield at the Congressional election in November, 1898, 
and the judges then elected shall serve until May 1st, 1900, and their 
successors shall be elected at the parochial and municipal election in 
the year 1899. They shall be learned in the law, and shall have re- 
sided and practiced as attorneys in the City of New Orleans for not 
less than three years before their election or appointment. The 
judges of said courts shall each receive a yearly compensation of 
three thousand dollars, payable monthly on his own warrant. Each 
judge shall appoint a clerk and such deputies as may be authorized 
by law, at salaries not exceeding twelve hundred dollars per annum, 
except one deputy, who shall be a stenographer, and who may re- 
ceive a salary not exceeding fifteen hundred dollars per annum, to 
be paid in monthly installments, by the City of New Orleans. 

Art. 141. The General Assembly shall provide for Recorders' 
Courts in the city of New Orleans, to be presided over by magis- 
trates, who need not be attorneys at law, but such courts shall 
have no jurisdiction except for the trial of offences against city 
ordinances. 

Art. 142. There shall be a civil and criminal sheriff for the parish 
of Orleans, who shall be elected by the voters of said parish for the 
term of four years. Their qualifications and duties other than as 
herein provided, shall be prescribed by law. Each of said sheriffs 
shall execute an orticial bond, the civil sheriff in the sum of fifty 
thousand dollars, and the criminal sheriff in the sum of ten thousand 
dollars; and the bonds of said sheriffs respectively shall be exam- 
ined in open court by the judges of the District Court which 
he serves, and all testimony given in such examinations shall be 
reduced to writing and made of record in said court. The civil 
sheriff shall be executive officer of all the Civil Courts in the parish 
of Orleans, except the City Courts; and the criminal sheriff shall be 
the executive officer of all the Criminal Courts in said parish. 

The civil sheriff shall appoint as many deputies as, in his opinioni 
are needed for the efficient discharge of the duties of his office; but 
after May 1, 1900, the Court of Appeal for the parish of Orleans, and 
each judge of the Civil District Court, shall name one deputy to be 
so appointed, who shall serve as crier in said court, and in the divi- 
sions presided over by said judges respectively, and who shall each 
receive a salary of six hundred dollars per annum to be paid by the 
sheriff. When not engaged in court they shall perform such duties aa 
the sheriff may require. < j 

The civil sheriff shall receive as compensation such fees as may 



292 HISTORY OK LOUISIANA. 

be now or hereafter allowed by law, and shall pay his deputies and 
all expenses of his olHce. 

The civil sheriff shall pay the sum of two thousand dollars an- 
nually, in quarterly instalments, to the city of New Orleans for the 
fund for payment and redemption of judicial fund warrants and 
certificates hereinafter provided for. In cases where the said sheriff 
is a party in interest, the criminal sheriff, or one of his deputies shall 
act. The criminal sheriff shall receive an annual salary of three thou- 
sand six hundred dollars per annum, which shall be paid by the city 
of New Orleans in equal monthly instalments, and he shall receive 
no other compensation ; he shall appoint, with the approval of the 
judges of the Criminal District Court for the parish of Orleans, as 
many deputies as in the opinion of said judges are needed for the 
efficient discharge of the duties of his otfice, and the salaries of such 
deputies shall be fixed by the Council of the City of New Orleans, 
and paid in like manner as his own. Each judge of said Criminal 
District (Court) shall name one deputy to be so appointed, who 
shall serve as crier in the sections presided over by the judges 
respectively, and shall each receive a salary of one thousand dollars 
per annum. When not engaged in court they shall perform such 
other duties as the sheriff may require. 

The criminal sheriff shall account to and settle with the city of 
New Orleans for all fines and judgments collected by him, without 
deductions of anj' kind, and all expenses of his ofiice shall be borne 
by said corporation. 

Art. 143. There shall be a First City Court in New Orleans, com- 
posed of three judges, each of whom shall receive a salary of twenty- 
four hundred dollars per annum, payable monthly on his own warrant. 
Said court shall have exclusive original jurisdiction when the defend- 
ant resides in that part of the city of New Orleans on the left bank of 
the Mississippi river, in all cases when the amount in dispute or the 
fund to be distributed does not exceed one hundred dollars, exclu- 
sive of interest, including suits for the ownership or possession of 
movable property not exceeding that amount in value; and suits by 
landlords for possession of leased premises when the monthly or 
yearly rent, or the rent for the unexpired term of the lease does not 
exceed that amount; subject to an appeal in all cases to the Court of 
Appeal for the parish of Orleans. All appeals shall be tried de novo, 
and the judges of the Court of Appeal may provide by rules that one 
or more of the judges shall try such cases, which they shall be au- 
thorized to decide immediately after trial and without written 
opinions. 

The judges of said court shall have authority to issue marriage 
licenses and celebrate marriages, subject to such conditions as may be 
imposed by law, and to execute commissions to take testimony, and 
to receive therefor the fe^^s allowed by law; they shall adopt rules not 
in conflict with law for the fixing and trial of cases, and shall sit en 
banc for the purpose of examining the bonds of the clerk and con- 
stable of said court, and for the trial and removal of said officers, or 
either of them, in which proceeding they shall be governed by the 
provisions of this Constitution as far as they are applicable upon the 



CONSTITUTION. 293 

subject of the bond and of the trial and the removal from office of 
the clerk of the Civil District Court. 

The city of New Orleans shall pi-ovide suitable accommodations 
for said court, and cases tiled in said couit shall be allotted equally 
to the judges thereof. The pleadings in said court shall be in 
writing, prepared by the litigants, or their attorneys, or by the clerk. 

Art. 144. There shall be one clerk for said First City Court of New 
Orleans, who shall furnish bond in the sum of tive thousand dollars; 
his qualifications and duties, except as herein provided, shall be 
determined by law; his salary shall be eighteen hundred dollars per 
annum, payable monthly. Each judge shall have the appointment 
of one deputy clerk, whose compensation shall not exceed twelve 
hundred dollars per annum. The clerk shall appoint such other 
deputies as maj^ be authorized by law, provided that their total com- 
pensation shall at no time exceed the sum of eighteen hundred dol- 
lars per annum. 

Art. 145. There shall be one constable for said court, who shall 
furnish bond in the sum of tive thousand dollars, and who shall 
appoint such deputies as may be necessary,* and at such salaries as 
he may fix and pay. Said deputies shall be removed at his pleasure 
or at the pleasure of the court. His compensation shall be the fees 
of his office as now or hereafter fixed by law; he shall furnish and 
pay one deputy to attend the sittings of each judge, who shall have 
the selection of such deputy, and who, when not engaged in court, 
shall perform such other duties as the constable maj^ direct. 

Tbe clerk of the said court and the constable thereof shall be 
removable by the judges of said court sitting en banc, for the causes 
and in the manner j^rescribed for the removal of the clerk of the 
Civil District Court, conformably to rules to be adopted by said 
judges, and subject to an appeal to the Court of Appeal for the par- 
ish of Orleans. 

Art. 146. The judges, clerk and constable of said court shall be 
elected for the term of four years by the qualified voters of the City 
of New Orleans on the left bank of the Mississippi river. The first 
election under this provision shall be held at the next parochial and 
municipal election. 

Art. 147. There shall also be a Second City Court in the City of 
New Orleans, on the right bank of the Mississippi river, now known 
as the Fifth District of the City of New Orleans, ; and said court 
shall have the same jurisdiction as the First City Court in all cases 
where the defendant resides in the Fifth District. There shall be 
one clerk for said City Court, who shall receive a salary of twelve 
hundred dollars per annum, payable monthly by the City Treasurer, 
out of the fund hereinafter provided. Thei-e shall be a constable for 
said court, whose compensation shall be the fees of his office, as may 
be now or hei'eafter fixed by law. The judge of said court shall 
have the same qualifications and authority as the judges of the First 
City Court, and shall receive the same compensation. Said judge, 
clerk and constable shall be elected by the qualified voters of said 
Fifth District of the City of New Orleans, for the term of four years. 
The first election under this provision shall be held at the next pare- 



294 HISTORY OF LOUISIANA. 

chial and municipal election. The clerk and constable shall 
each furnish bond in the sum of one thousand dollars, to be approved 
by the judge of the court; and they shall be removable by the 
judge of said court after due trial, subject to an appeal to the Court 
of Appeal for tbe Parish of Orleans. 

Art. 148. There shall be a District Attorney for the Parish of Or- 
leans, who shall be elected by the voters of said parish for the term 
of four years, and shall receive an annual salary of one thousand 
dollars, and such fees as may be allowed by law; but no fees shall 
be allowed in criminal cases except upon conviction. He shall be a 
licensed attorney, and may appoint two assistants with like qualifica- 
tions, at salaries not to exceed eighteen hundred dollars per annum. 
He shall appoint such other assistants as may be required, at salaries 
to be fixed and paid by him. 

Art. 149. There shall be a register of conveyances and a recorder 
of mortgages for the Parish of Orleans, who shall be elected by the- 
voters of said parish for the term of four years. Their qualifications 
and duties shall be as fixed by law; the register of conveyances shall 
furnish bond in the sum of fifteen thousand dollars, and the recorder 
of mortgages in the sum of twenty-five thousand dollars, which said 
bonds shall be examined by the judges of the Civil District Court, 
and all testimony given in said examinations shall be reduced to 
writmg and filed in the court; they shall appoint such deputies and 
at such salaries as are now authorized by law, or as hereinafter pro- 
vided. They shall be governed, with respect to the fees and expenses 
of their offices, the manner of their compensation and their obli- 
gations with regard to accounting and settling, as hereinafter pre- 
scribed. The compensation of the register of conveyances shall be 
twenty-five hundred dollars per annum, and that of the recorder of 
mortgages shall be four thousand dollars per annum. 

Art. 150. The judges of the Civil and Criminal District Courts for 
the Parish of Orleans, and of the City Courts of New Orleans, and 
the clerks and constables of said courts respectively, and the sheriffs, 
district attorney, register of conveyances and recorder of mortgages 
for the Parish of Orleans, who shall be serving at the time of the 
adoption of this Constitution, shall, unless removed for cause, re- 
main in office until the expiration of the terms for which they were 
elected or appointed. 

The three judges of the Civil District Court and the one judge of 
the Criminal District Court, whose terms expire in 1900, shall serve 
until after the election and qualification of their successors, who 
shall be elected at the Congressional elections of that year; and the 
terms of the two judges of the Civil District Court and the one 
judge of the Criminal District Court, whose terms expire in 1904, 
shall serve until the election and qualification of their successors, 
who shall be elected at the Congressional election of that year. 

All cases in said courts, and all writs, orders and process issued 
therefrom, and which shall be pending or in course of execution, 
together with all the records and archives of said courts, and of the 
offices hereinabove mentioned shall, upon the adoption of this Con- 
stitution, at once, and by virtue of the provisions hereof, be trans- 



CONSTITUTION. 296 

ferred to, and held to be cases pending in, and writs, orders and pro- 
cess issued from, and in course of execution under the authority 
of, and records and archives belonging and pertaining to the Civil 
and Criminal District Courts and the clerks thereof, and the offices 
of the civil and criminal sheriffs, district attorney, register of con- 
veyances and recorder of mortgages for the Parish of Orleans, 
respectively established and pi'ovided for by this Constitution. No 
change in the system of docketing or numbering shall be required 
for the purpose of suits which may hereafter be tiled in either of 
said courts, nor shall any new set of books, or system of 
keeping the same, be required for the purposes of any of said 
offices. The books and records of the Court of Appeal for the Par- 
ish of Orleans shall be transferred to, and all appeals held to be 
cases pending in the Court of Appeals herein provided for, and 
without the formality of being renumbered or docketed, and the 
same rule shall apply to cases pending in the Third City Court of 
New Orleans upon the organization of the Second City Court of 
New Orleans as hereinbefore provided. Upon the organization of 
the First City Court of New Orleans, as hereinbefore provided, all 
books, records and archives of the First, Second and Fourth City 
Courts of New Orleans, as now constituted, and of the clerks and 
constables thereof, and all suits, orders and process issued from 
and in course of execution under the authority of said courts, shall 
be transferred thereto, and all cases pending in said courts shall be 
redocketed and numbered in said First City Court, upon application 
of any of the parties in interest, and without cost to them. 

The laws regulating the sessions of and practice in the Civil and 
Criminal District Courts for the Parish of Orleans, and the City 
Courts of New Orleans, which maybe in force at the time of the 
adoption of this Constitution, shall, if not in conflict herewith, remain 
in: force until otherwise provided by the General Assembly. 

Art. 1.51. All cases on appeal from the City Courts of New Or- 
leans to the Civil District Court, upon the adoption of this Con- 
stitution, shall remain and be tried in said Civil District Court. 

Art. 152. The recorders of the City of New Orleans who may 
be serving at the time of the adoption of this Constitution, shall, 
unless removed for cause, continue in exercise of their functions and 
jurisdiction, conformably to existing laws, until otherwise provided, 
except in so far as such functions and jurisdiction may be affected 
by the provisions of this Constitution which confer appellate and 
supervisory jurisdiction on the Criminal District Court and original 
jurisdiction in certain matters on the City Criminal Courts. 

Art. 153. The election of judges and other officers for the Parish 
of Orleans and City of New Orleans, herein provided for, the time 
of which is not specially fixed, shall be held at the time of the 
parochial and municipal elections. 

Art. 154. Until otherwise provided by law, the costs to be paid 
clerks, sheriffs, constables, recorder of mortgages and register of 
conveyances, shall be as now fixed, except that in no case shall the 
costs of filing appeals from the City Courts exceed the sum of five 
dollars. 



296 HISTORY OF LOUISIANA. 

Art. 155. The General Assembly shall grade all misdemeanors 
and minor offenses against the State, and shall fix the minimum and 
maximum penalties therefor. 

Art. 15G. All valid warrants issued for salaries and authorized 
expenses of the offices of the clerk of the Civil District Court, reg- 
ister of conveyances and recorder of mortgages for the Parish of 
Orleans, of the clerks of the City Courts of the City of New Orleans, 
and for salaries of the clerks of the Court of Appeal, which are pay- 
able out of the special judicial expense fund provided for by Article 
146 of the Constitution of 1879, as amended, and which shall be out- 
standing and unpaid at the date of the adoption of this Constitution, 
or which shall be issued for the current month in which this Con- 
stitution is adopted, are hereby declared to be valid and subsisting 
claims against the revenues of the respective offices upon which said 
fund was made dependent. 

The holders of said warrants may present them within six months 
after the adoption of this Constitution to the Board of Liquidation of 
the City Debt, and receive therefor the bonds hereinafter authorized 
to be issued; and the City of New Orleans is required, within three 
months from the adoption of this Constitution, to provide for said 
warrants or claims, by the issuance of bonds in the sum of two hun- 
dred and twenty-flve thousand dollars, or so much thereof as may 
be necessary ; said bonds shall be for the face value of said warrants, 
in such denominations as the said Board of Liquidation shall recom- 
mend, and shall be dated July 1, 1898, and made payable twenty-five 
years after date, or earlier, at the option of said board, and shall 
bear four per cent, per annum interest, payable semi-annually, and 
represented by interest coupons attached thereto, the first of said 
coupons payable January 1, 1899; said bonds to be known as Judi- 
cial Expense Fund Bonds, and to be signed by the Mayor and Comp- 
troller of the City of New Orleans, and delivered to the Board of 
Liquidation of the City Debt and shall be countersigned by the 
president and secretary of said board and issued by said board to the 
holders of said warrants upon surrender of same. Neither the State 
of Louisiana nor the City of New Orleans shall ever be liable for the 
payment of said bonds nor the interest thereon, except fi'om the 
special fund herein provided for, and any appropriation or other 
provision therefor made by the State or city shall be null and void. 

There shall be stamped across the face of said bonds the words : 
" Issued in accordance with Article 156 of the Constitution of Louis- 
iana of 1898." 

The clerk of the Civil District Court, register of conveyances and 
recorder of mortgages for the Parish of Orleans, and the clerks of 
the City Courts of New Orleans, shall keep accurate and detailed 
accounts in books to be used exclusively for that purpose, of all fees 
and charges collected in their offices, respectively; and they shall 
furnish, daily, to the city comptroller, transcripts of said accounts 
duly certified by them or by their authority, and said officers shall 
also daily i^ay into the treasury of the City of New Orleans the whole 
amount of fees and charges so collected. 

From the amount thus paid into the City Treasury, the Treasurer 



CONSTITUTION. 297 

shau set apart and reserve twenty per cent, out of which shall first 
be paid the expenses necessary for the preparation and execution of 
the aforesaid bonds, and thereafter the same shall be used solely and 
exclusively to retire the bonds issued in payment of said Judicial Ex- 
pense Fund Warrants and interest thereon, and the certificates of the 
comptroller hereinafter authorized; and upon the second Tuesday in 
December and June of every year the said Treasurer shall pay 
said amounts so reserved, and also the amounts received from the 
Civil Sheriff, to the Board of Liquidation of the City Debt, until all 
the bonds herein authorized have been retired or paid; and on the 
second Tuesday in February and August of every year, said Board 
of Liquidation, in accordance with rules to be adopted and made 
public by it, shall, after paying the semi-annual interest on said 
bonds, purchase or redeem with such money thus set apart as may 
have accumulated, and with the surplus of the remaining eighty per 
cent, as hereinafter provided, as many of said bonds as said money 
will buy or redeem, preference being given to holders offering at the 
lowest rate; and all such bonds so purchased or redeemed shall be 
by said Board of Liquidation immediately canceled, and a record 
made thereof. 

From the remaining eighty per cent, of said fund there shall be 
paid monthly the current salaries and expenses of the offices from 
which same is derived, including the salary of the docket and minute 
clerks of the Court of Appeal, as now constituted and until the elec- 
tion of the clerk of the said court, as above provided, together with 
such authorized expenses of said offices as are not required to be paid 
by the City of New Orleans; and the surplus of said eighty per cent., if 
any, shall be paid by the Treasurer to the said Board of Liquidation, 
and shall be used to redeem or pay said bonds and certificates as 
hereinbefore and hereinafter provided. 

But if said eighty per cent, during the six months ending July 31, 
or January 31 of any year, should prove inadequate to pay said 
salaries and expenses, the comptroller shall prorate the deficit 
among those entitled to payment, and shall issue certificates there- 
for in sums not less than ten dollars, which shall bear interest at the 
rate of four per cent, per annum from date, and shall be paid from 
the funds herein set apart and reserved only after all the bonds is- 
sued in payment of outstanding warrants shall have first been re- 
deemed or paid. 

All disbursements from said fund for stationery shall be made upon 
the requisitions of the officers requiring same; said requisitions to 
be approved by the Mayor of the City of New Orleans; and in all 
cases such disbursements and all salaries shall be paid by the treas- 
urer of the City of New Orleans upon warrants drawn against/ said 
fund by the comptroller of said city, approved, so far as the Civil 
District Court is concerned by the presiding judge thereof, for the 
office of the recorder of mortgages and the office of the register of 
conveyances, by the Mayor of the City of New Orleans, and for the 
offices of the respective City Courts by the judge or judges thereof, 
and for the officers of the Court of Appeal by one of the judges 
thereof. 



298 UISTORY OF LOUISIANA, 

Until the full and final payment of all of said bonds and certificates 
hereinbefore provided for, the salaries of the employes of the various 
offices hereinafter named shall remain as now fixed by law, and there 
shall be no inr-rease in the number of employes now authorized by 
law for the olfices of recorder of mortgages or register of convey- 
ances, unless otherwise ordered by the Civil District Court sitting c» 
banc; and the number of employes of the Civil District Court shall 
be as determined by a majority of the judges thereof. 

The clerks of the First and Second City Courts, until the organiza- 
tion of the City Courts hei-einbefore provided for, may each appoint 
with the approval of the judge theieof, an additional deputy clerk 
at fifty dollars per month, but no other employes, nor larger salaries 
than those now fixed by law, shall be allovved to the City Courts. 

The said Board of Liquidation hereinbefore named shall have the 
right to reject any and all bids made for the redemption of bonds 
issued as hereinabove provided, and should there be no bids, or 
none be accepted, then said Board of Liquidation, on the second Tues- 
day in February and August of each year, with whatever amount 
has been paid to said Board by the Treasurer as herein provided, 
shall, after paying the interest, pay said bonds in numerical order. 

After the payment of all of said bonds, the twenty per cent, re- 
serve herein provided, and any surplus of the remaining eighty per 
cent, shall be used by the City Treasurer in paying the certificates 
herein provided for, if any, in the order of their issue. When said 
Judicial Expense Fund Bonds and Comptroller's certificates, if any 
of the latter shall be issued, shall have been retired and canceled, the 
salaries and expenses of the various ofiices affected by this article 
and the revenue of said offices shall be regulated and disposed of as 
may be determined by the General Assembly. 

This article shall take effect from the last day of the current 
month in which this Constitution is adopted, and all amounts arising 
from the Judicial Expense Fimd, which shall remain in the hands of 
the State Treasurer on that date, shall be paid by him to the Board 
of Liquidation of the City Debt, and be used by said board as part of 
the funds hereinabove referred to. 

Art. 157. Vacancies occurring from any cause in the judicial of- 
fices of the Parish of Orleans or City of New Orleans, shall be filled 
by appointment by the Governor, with the advice and consent of the 
Senate, for thetmexpired term. 

Art. 158. The fact that the officers and deputies herein provided 
for are paid by the City of Xew Orleans shall not make themofiicers 
or employes thereof. 

GENERAL PROVISIONS. 

Art. 159. No person shall be permitted to act as a juror, who, in 
due course of law, shall have been convicted of treason, perjury, for- 
gery, bribery or other crime punishable by imprisonment in the peni- 
tentiary, or who shall be under interdiction. 

Art. 160. Members ®f the General Assembly and all officers, be- 



CONSTITLTIOJ^. 299 

fore entering upon the duties of their respective offices, shall take 
the following oath or affirmation : 

"I (A. B.) do solemnly swear (or affirm) that I will support the 
Constitution and laws of the United States and the Constitution and 
laws of this State ; and that I will faithfully and impartially discharge 
and perform all the duties incumbent on me as , ac- 
cording to the best of my ability and understanding. So help me 
God." 

Art. 161. The seat of government shall be and remain at the City 
of Baton Rouge. 

Art. 162. Treason against the State shall consist only in levying 
war against it, or adhering to its enemies, giving them aid and com- 
fort. No person shall be convicted of treason except on the testi- 
mony of two witnesses to the same overt act, on his confession 
in open Court. 

Art. 163. All civil officers shall be removable by an address of 
two-thirds of the members elected to each House of the General 
Assembly, except those whose removal is otherwise provided for by 
this Constitution. 

Art. 164. No member of Congress, nor person holding or exer- 
cising any office of trust or profit under the United States, or any 
State, or under any foreign power, shall be eligible as a member of 
the General Assemblj% or hold or exercise any office of trust or profit 
under the State. 

Art. 165. The laws, public records, and the judicial and legislative 
written proceedings of the State, shall be promulgated, preserved and 
conducted in the English language ; but the General Assembly may 
provide for the publication of the laws in the French language, and 
provide that judicial advertisements, in certain designated cities and 
parishes, shall also be made in that language. 

Art. 166. No ex-post facto law, nor any law impairing the obliga- 
tions of contracts, shall be passed, nor vested rights be divested, un- 
less for purposes of public utility, and for adequate compensation 
previously made. 

Art. 167. Private property shall not be taken nor damaged for pub- 
lic purposes %vithout just and adequate compensation being first paid. 

Art. 168. No power of suspending the laws of this State shall be 
exercised unless by the General Assembly, or by its authority. 

Art. 169. The General Assembly shall provide by law for change 
of venue in civil and criminal cases. 

Art. 170. No person shall hold or exercise, at the same time, more 
than one office of trust or profit, except that of justice of the peace 
or notary public. 

Art. 171. The General Assembly may determine the mode of filling 
vacancies in all offices, for the filling of which provision is not made 
in this Constitution. 

Art. 172. All officers shall continue to discharge the duties of their 
offices until their successors shall have been inducted into office, ex- 
cept in case of impeachment or suspension. 

Art. 173. The military shall be in subordination to the civil power, 



SOO IIISTOKV OF LOUISIANA. 

and no soldier shall, in time of peace, be quartered in any liouse 
withiout the consent of the owner. 

Art. 174. The General Assembly shall make it obligatory upon 
every parish to support all infirm, sick, and disabled paupers re- 
siding within its limits; provided, that every municipal corporation 
to which the powers of the police jury do not extend, shall support 
its own infirm, sick and disabled paupers. 

Art. 175. No soldier, sailor or marine, in the service of the United 
States, shall hereafter acquire a domicile in this State by reason of 
being stationed or doing duty in the same. 

Art, 176. It shall be the duty of the General Assembly to pass such 
laws as may be proper and necessary to decide differences by 
arbitration. 

Art. 177. The powers of the courts to punish for contempt shall 
be limited by law. 

Art. 178. Lotteries, and the sale of lottery tickets, are prohibited in 
this State. 

Art, 179. In all proceedings or indictments for libel, the truth 
thereof may be given in evidence. The jury in all criminal cases 
shall be the judges of the law and of the facts on the question of 
guilt or innocence, having been charged as to the law applicable to 
the case by the presiding judge. 

Art. ISO. No officer whose salary is fixed by the Constitution shall 
be allowed any fees or perquisites of ottlce, except where otherwise 
provided for by this Constitution. 

Art. 181. The regulation of the sale of alcoholic or spirituous 
liquors is declared a police regulation, and the General Assembly 
may enact laws regulating their sale and use. 

Art. 182, No person who, at any time, may have been a collector 
of taxes, whether State, parish or municipal, or who may have been 
otherwise entrusted with public money, shall be eligible to the Gen- 
eral Assembly, or to any office of honor, profit or trust under the 
State government, or any parish, or municipality thereof, until he 
shall have obtained a discharge for the amount of such collections, 
and for all public moneys with which he may have been entrusted; 
and the General Assembly is empowered to enact laws providing for 
the suspension of public orticials charged with the collection of pub- 
lic money when such officials fail to account for the same. 

Art. 183. Any person who shall, directly or indirectly, offer or 
give any sum or sums of money, bi'ibe, present, reward, promise or 
any other thing to any officer, State, parochial or municipal, ©r to 
any member or ofiicer of the General Assembly, with the intent to 
Induce or influence such officer or member of the General Assem- 
bly to appoint any person to office, to vote or exercise any power in 
him vested, or to perform any duty of him required, the person giv- 
ing or offering to give, and the ofiicer or member of the General 
Assembly so receiving any money, bribe, present, reward, promise, 
contract, obligation or security, with intent aforesaid, shall be guilty 
of bribery, and upon being found guilty thereof by any court of 
competent jurisdiction, or by either nouse of the General Assembly 
of which he may be a member or officer, shall be forever disgualUied 



CONSTITUTION. 301 

from holding any office, State, parochial or municipal, and shall be 
forever ineligible to a seat in the General Assembly; provided that 
this shall not be so construed so as to prevent the General Assembly 
from enacting additional penalties. 

Art. 184. Any person may be compelled to testify in any lawful 
proceeding against any one who may be charged with having com- 
mitted the offence of bribery, and shall not be permitted to with- 
hold his testimony upon the ground that it may criminate him or 
subject him to public infamy ; but such testimony shall not after- 
wards be used against him in any judicial proceedings, except for 
perjury in giving such testimony. 

Art. 185. The General Assembly shall pass laws to protect laborers 
on buildings, streets, roads, railroads, canals and other similar 
works against the failui-e of contractors and subcontractors to pay 
their current wages when due, and to make the corporation, com- 
pany or individual for whose benefit the work is done responsible for 
their ultimate payment. 

Art. 186. No mortgage or privilege on immovable property shall 
affect third persons unless recorded or registered in the parish where 
the property is situated, in the manner and within the time as is now 
or may be prescribed by law, except privileges for expenses of last 
illness and privileges for taxes, State, parish or municipal; pro- 
vided, such tax liens, mortgages and privileges shall lapse in three 
years from the 31st day of December in the year in which the taxes 
are levied, and whether now or hereafter recorded. 

Art. 187. Privileges on movable property shall exist without reg- 
istration of the same, except in such cases as the General Assembly 
may prescribe by law. 

Art. 188. Gambling is a vice, and the Legislature shall pass laws 
to suppress it. 

Art. 189. The pernicious practice of dealing or gambling in futures 
on agricultural products or articles of necessity, where the intention 
of the parties is not to make an honest and bona fide delivery, is 
declared to be against public policy ; and the Legislature shall pass 
laws to suppress it. 

Art. 190. It shall be unlawful for persons or corporations, or their 
legal representatives, to combine or conspire together, or to unite or 
pool their interests for the purpose of forcing up or down the price 
of any agricultural product or article of necessity for speculative 
purposes ; and the Legislature shall pass laws to suppress it. 

Art. 191. No member of the General Assembly, or public officer, 
or person elected or appointed to a public office under the laws of 
this State, shall directly, or indirectly, ask, demand, accept, receive, 
or consent to receive, for his own use or benefit, or for the use or 
benefit of another, any free pass, free transportation, franking privi- 
lege, or discrimination in passenger, telegraph, or telephone rates, 
from any person or corporation, or make use of the same himself or 
in conjunction with another. 

Any person who violates any provision of this Article shall forfeit 
Ms office, at the suit of the AttorneyGeneral, or the District Attor- 



802 HISTORY OF LOUISIANA. 

ney, to be brought at the domicile of the defendant, and shall be 
subject to such further penalty as may be prescribed by law. 

Any corporation, or officer, or agent thereof, who shall give, or 
offer, or promise, to a public officer any such free pass, free trans- 
portation, franking privilege, or discrimination, shall be liable to 
punishment for each offence by a fine of five hundred dollars, to be 
recovered at the suit of the Attorney General, or District Attorney, 
to be brought at the domicile of the officer to whom such free pass, 
free transportation, franking privilege, or discrimination, was given, 
offered, or promised. 

No person, or officer, or agent of a corporation, giving any such 
free pass, frf e transportation, franking privilege, o>r discrimination, 
hereby prohibited, shall be privileged from testifying in relation 
thereto ; but he shall not be liable to civil or criminal prosecution 
therefor, if he shall testify to the giving of the same. 

Art. 192. Whenever the General Assembly shall authorize a suit 
against the State it shall provide in the act authorizing the same, 
that such suit be instituted before the District Court at the State 
Capital ; that citation to answer such suit shall be served both upon 
the Governor and the Attorney General ; that the Supreme Court of 
the State shall have appellate jurisdiction in such suit, without regard 
to the amount involved; that the only object of such suit, and the 
only effect of the judgment therein, shall be a judicial interpretation 
of the legal rights of the parties for the consideration of the Legisla- 
ture in making appropriations; that the burden of proof shall rest 
upon the plaintiff or claimant to show that the claim sued upon is a 
legal and valid obligation of the State, incurred in strict conformity 
to law, not in violation of the Constitution of the State or of the 
United States, and for a valid consideration, and that all these things 
shall be affirmatively declared by the Supreme Court before any 
judgment is recognized for any purpose against the State. 

Art. 193. Prescriptions shall not run against the State in any Civil 
matter, unless otherwise provided in this Constitution, or expressly 
by law. 

Art. 194. There shall be appointed by the Governor, by and with 
the advice and consent of the Senate, a State Examinei of State 
Banks, who shall be an expert accountant, and who shall make ex- 
aminations of all State banks at least twice in every year. His term 
of office shall be four years and the Legislature shall define his duties 
and fix his compensation. 

Art. 195. The New Basin Canal and Shell Road, and their appurten- 
ances, shall not be leased, nor alienated, nor shall the Carondelet 
Canal and Bayou St. John, and their appurtenances, be leased, or 
alienated when they shall come into the possession of the State. 

Art. 19G. The General Assembly may authorize the employment 
under State supervision and the proper officers and employes of the 
State, of convicts on public roads or other public works, or convict 
farms, or in manufactories owned or controlled by the State, under 
such provisions and restrictions as may be imposed by law, and shall 
enact laws necessary to carry these provisions into effect; and no 
convict sentenced to the State penitentiary shall ever be leased, or 



CONSTITUTION. 303 

hired to any person or persons, or corporation, private or public, or 
quasi-public, or board, save as herein authorized. This article shall 
taiie effect upon the expiration of the penitentiary lease, made pur- 
suant to Act 114, approved July 10th, 1S90. 

Suffrage and Elections. 

Art. 197. Every male citizen of this State and of the United States, 
native bora or naturalized, not less than twenty-one years of age, 
and possessing the following qualifications, shall be an elector, and 
shall be entitled to vote at any election in this State by the people, 
except as may be herein otherwise provided. 

Section 1. He shall have been an actual bona fide resident of this 
State for two years, of the parish one year and of the precinct in 
which he offers to vote sis months nest preceding the election; pro- 
vided, that removal from one precinct to another in the same parish 
shall not operate to deprive any person of the right to vote in the 
precinct from which he has removed, until sis months after such 
removal. 

Sec. 2. He shall have been at the time he offers to vote legally 
enrolled aa a registered voter on his personal application, in accord- 
ance with the provisions of this Constitution, and the laws enacted 
thereunder. 

The qualifications of voters and the registration laws in force prior 
to the adoption of this Constitution shall remain in force until 
December 31, 1S9S. at which date all the ijrovisions of this Constitu- 
tion, relative to suffrage, registration and election, except as here- 
inafter otherwise provided, shall go into effect, and the General 
Assembly shall, and is hereby directed, at its regular session in 1898, 
to enact a general registration law to carry into effect the provisions 
of this Constitution relative to the qualifications and registration of 
voters. - 

Sec. 3. He shall be able to read and write, and shall demonstrate 
his ability to do so when he applies for registration, by making, 
under oath administered by the registration officer or his deputy, 
written application therefor, in the English language, or in his 
mother tongue, which application shall contain the essential facts 
necessary to show that he is entitled to register and vote, and shall 
be entirely written, dated and signed by him, in the j)resence of the 
registration officer or his deputy, without assistance or suggestion 
from any person or any n)emorandum whatever, except the form of 
application hereinafter set forth ; provided, however, that if the 
applicant be unable to write his application in the English language, 
he shall have the right, if he so demands, to write the same in his 
mother tongue from the dictation of an interpreter; and if the appli- 
cant is iinable to write his application by reason of physical disability, 
the same shall be written at his dictation by the registration officer 
or his deputy, upon his oath of such disability. The application for 
registration, above provided for, shall be a copy of the following 
form, with the proper names, dates and numbers substituted for the 
blanks appearing therein, to- wit : 



304 IIISTOUV OF LOUISIANA 

T am a citizen of the State of Louisiana. My name is I 

was born in the State (or country) of , parish (or county of 

, on the day of , in the year I am now .... 

5'ears, .... months and .... days of age. I have resided in this State 

since , in this parish , and in precinct No , of 

ward No , of this parish, since ..., and I am not disfranchised 

by any provision of the Constitution of this State, 

Sec. 4. If he be not able to read and write, as provided by Sec. 3 of 
this article, then he shall be entitled to register and vote if he shall, 
at the time he offers to register, be the bona fide owner of property 
assessed to him in this State at a valuation of not less than three hun- 
dred dollars on the assessment roll of the current j'ear in which he 
offers to register, or on the roll of the preceding year, if the roll of 
the current year shall not then have been completed and tiled, and 
on which, if such property be personal only, all taxes due shall have 
been paid. The applicant for registration under this section shah 
make oath before the registration otHcer or his deputy, that he is a 
citizen of the United States and of this State, over the age of twenty- 
one years; that he possesses the qualifications prescribed in Sec. 1 of 
this article, and that he is the owner of property assessed in this 
State to him at a valuation of not less than three hundred dollars, 
and if such property be personal only, that all taxes due thereon 
have been paid. 

Sec. 5. No male person who was on January 1, 1S07, or at any date 
prior thereto, entitled to vote under the Constitution or statutes of 
any State of the United States, wherein he then resided, and no son 
or grandson of any such person not less than twenty-one years of 
age at the date of the adoption of this Constitution, and no male 
person of foreign birth, who was natm-alized prior to the tirst 
day of Januarj^ 1S9S, shall be denied the right to register and 
vote in this State by reason of his failure to possess the educational 
or property qualifications prescribed by this Constitution; provided 
he shall have resided in this State for five years nest precedin^the date 
at which he shall apply for registration, and shall have registered in 
accordance with the terms of this article prior to September 1, 1898, 
and no person shall be entitled to register under this section after 
said date. 

Every person claiming the benefit of this section shall make appli- 
cation to the proper registration officer, or his deputy, for registra- 
tion, and he shall make oath before such registration officer or his 
deputy, in the form following, viz. : I am a citizen of the United 
States and of this State, over the age of twenty-one years; I have 
resided in this State for five years nest preceding this date. I was 

on the day of , entitled to vote under the Constitution or 

statutes of the State of , herein I then resided (or, I am the 

son, or grandson) of , whowas on the day of entitled to 

vote under the Constitution or statutes of the State of , wherein 

he then resided, and I desire to avail myself of the privileges con- 
ferred by Section 5 of Article 197 of the Constitution of this State. 

A separate registration of voters applying under this section 
•hall be made by the registration officers of every parish, and fof 



CONSTITUTION. 30& 

this purpose the registration officer of every parish shall keep his 
office open daily, Sundays and legal holidays excepted, from May 
16, 1898, until August 31, 1898, both included, during the hours pre- 
scribed by Act No. 89 of the General Assembly of 189G. In every 
parish, except the parish of Orleans, he shall keep his office at the 
courthouse at least during the niontti of May, June and August, and 
during the month of July he shall keep it for at least one day at or 
near each polling place, giving thirty days' notice thereof by publi- 
cation. 

The registration of voters under this section shall close on the 
31st day of August, 1898, and immediately thereafter the registration 
otiicer of every parish shall make a sworn copy, in duplicate, of the 
list of persons registered under this section, showing in detail whether 
the applicant registered as a voter of 1SG7, or prior thereto, or as 
the son of such voter, or as the grandson of such voter, and deposit 
one of said duplicates in the office of the Secretary of State, to be 
hy him recorded and preserved as a part of the permanent records 
of his office, and the other of said duplicates shall be by him filed in 
the office of the clerk of the District Court of the parish, and in the 
parish of Orleans, in the ollice of the Recorder of Mortgages, there 
to remain a permanent record. 

All persons whose names appear on said registration lists shall be 
admitted to register for all elections in this State without possessing 
the educational or property qualification prescribed by this Consti- 
tution, unless otherwise disqualified, and all persons who do not by 
personal application claim exemption from the provisions of sec- 
tions 3 and 4 of this article before September 1, 1898, shall be forever 
denied the right to do so. 

The Legislature shall, at its first session after the adoption of this 
Constitution, provide the manner in which persons whose names 
appear upon said registration list shall hereafter register, which 
mode may be different from that required for persons registering 
under the other sections of this article; and shall also provide a 
remedy whereby subsequently to the close of said registration on 
August 31, 1S98, the names of any persons who may have obtained 
registration under this section by false statements of fact or other 
fraud, shall by approi^riate proceedings be stricken from said roll. 

Art, 198. No person less than sixty years of age shall be permitted 
to vote at any election in this State who shall not, in addition 
to the qualifications above described, have paid on or before 
the 31st day of December, of each year, for tlie two years pre- 
ceding the year in which he offers to vote, a poll tax of one dol- 
lar per annum, to be used exclusively in aid of the public schools 
of the parish in which such tax shall have been collected; which tax 
is hereby imposed on every male resident of this State between the 
age of twenty-one and sixty years. Poll taxes shall be a lien only 
i^on assessed property, and no process shall issue to enforce the 
collection of the same except against assessed property. 

Every person liable for such tax shall, before being allowed to 
vote, exhibit to the Commissioners of Election his poll tax receipts 
for two years, issued on the otffcial form, or duplicates thereof, in 



806 HISTORY OF LOUISIANA. 

the event of loss, or proof of payment of such poll taxes may be 
made by a certillcate of the tax collector, which shall be sent to the 
Commissioners of the several voting jiiecincts, showing a list of 
those who have paid said two years' poll taxes as above provided, 
and the dates of payment. It is hereby declared to be forgery, and 
punishable as such, for any tax collector or other person, to ante- 
date, or alter a poll tax receipt. Any person who shall pay the poll 
tax of another or advance him money for that purpose, in order to 
influence his vote, shall be guilty of bribery and punished accord- 
ingly. The provisions of this section as to the payment of poll 
taxes shall not apply to persons who are deaf and dumb, or blind, 
nor to persons under twenty-three years of age, who have paid all 
poll taxes assessed against them. This section shall not go Into 
operation until after the general State election to be held in the 
year 1900, and the Legislature elected in the year 1908 shall have 
authority to repeal or modify the same. 

Art. 199. Upon all questions submitted to the taxpayers, as &uch, 
of any municipal or other political subdivision of this State, the 
qualifications of such taxpayers as voters shall be those of age and 
residence prescribed by this article, and women taxpayers shall 
have the right to vote at all such elections, without registration, in 
person or by their agents, authorized in writing; but all other 
persons voting at such elections shall be registered voters. 

Art. 200. No person shall vote at any primary election, or in any 
convention or other political assembly held for the purpose of nomi- 
nating any candidate for public office, unless he is at the time a reg- 
istered voter. And in all political conventions in this State, the 
apportionment of representation shall be on the basis of population. 

Art. 201. Any person possessing the qualifications prescribed by 
See. 3 or 4 of Art. 197 of this Constitution, who may be denied reg- 
istration, shall have the right to apply for relief to the District Court 
having jurisdiction of civil causes for the parish in which he offers 
to register, and the party cast in said suit shall have the right of 
appeal to the Supreme Court; and any citizen of the State shall 
have a like right to apply to said courts, to have stricken off any 
names illegally placed on said registration rolls under Sees. 3 and 4 
of Art. 197, and such applications and appeal shall be tried by said 
courts by preference, in open court or at chambers. The General 
Assembly shall provide by law for such applications and appeals 
witiiout cost, and for the prosecution of all persons charged with 
illegal or fraudulent registration or voting, or any other crime or 
offence against the registration or election or primary election laws. 

Art. 202. The following persons shall not be permitted to regis- 
ter, vote or hold any office or appointment of honor, trust or profit 
in this State, to-wit: Those who have been convicted of any crime 
punishable by imprisonment in the penitentiary, and not afterwards 
pardoned with express restoration of franchise; those who are in- 
mates of any charitable institution, except the Soldiers' Home ; those 
actually confined in any public prison; all interdicted persons, and 
all persons notoriously insane or idiotic, whether interdicted or 
not. 



CONSTITUTION. 307 

Art. 203. In all elections by the people, the electors shall vote by- 
ballot, and the ballots cast shall be publicly counted. In all elec- 
tions by persons in a repi-esentative capacity, the vote shall be viva 
voce. 

Art. 204. Electors shall, in all cases except treason, felony or 
breach of the peace, be privileged from arrest during their attend- 
ance on elections, and in going to and returning from the same. 

Art. 20.5. The General Assembly shall by law forbid the giving or 
selling of intoxicating drinks, on the day of any election, or primary 
election, withinone mile of any polling place. 

Art. 206. Until otherwise provided by law, the general State elec- 
tion shall be held once every four years on the Tuesday next follow- 
ing the third Monday in April. 

Presidential electors and members of Congress shall be chosen or 
elected in the manner and at the time prescribed by law. 

Art, 207. Parochial elections, except in the city of Xew Orleans, 
shall be held on the same day as the general State election, and not 
oftener than one:; in four years. 

In the city of New Orleans parochial and municipal elections shall 
be held on the Tuesday following the tirst Monday of November, 
1899, and of every fourth year thereafter, but the General Assembly 
may change the date of said election after the year 1899; provided, 
that the parochial and municipal elections shall be held together, 
and shall always be on a day separate and apart fi-om the general 
State election andnotoftener than once in four years. The municipal 
and parochial officers in the city of New Orleans shall take their 
offices on the first Monday in the month of May following their elec- 
tion, until otherwise provided by law. 

Art. 208. For the purpose of voting, no person shall be deemed to 
have gained a residence, by reason of his presence, or lost it by 
reason of his absence, while employed in the service, either civil or 
military, of this State or of the United States; or while engaged in 
the navigation of the waters of the State or of the United States; or 
of the high seas; or while a student of any institution of learning. 

Art. 209. The General Assembly shall provide bylaw for the trial 
and determination of contested elections of all public otlicers, 
whether State, judicial, parochial or municipal (except Governor 
and Lieutenant Governor), which trials shall be by the courts of 
law and at the domicile of the party defendant. 

Art. 210. No person shall be eligible to any office. State, judicial, 
parochial, municipal or ward, who is not a citizen of this State and 
a duly qualified elector of the State, judicial district, parish, muni- 
cipality or ward, wherein the functions of said office are to be per- 
formed. And \\henever any officer. State, judicial, parochial, 
municipal or ward, may change his residence from this State, or 
from the district, parish, municipality or ward in which he holds 
such otlice, the same shall thereby be vacated, any declaration of 
retention of domicile to the contrary notwithstanding. 

Art. 211. Returns of elections for all civil officers who are to be 
commissioned by the Governor shall be made to the Secretary of 
State, unless otherwise provided in this Constitutiou. 



308 HISTORY OF LOUISIANA. 

Art. 212. All elections by the people, except primary elections 
and municipal elections in towns having a population of less than 
2500, when such elections are not held at the same time as general 
State elections, shall be by official ballot, printed and distributed at 
the expense of the State; and, until otherwise provided by law, 
such ballots shall have printed thereon, and at the head and imme- 
diately preceding the list of names of the candidates of each politi- 
cal party or nominating paper, a specific and separate device by 
which the political party and the candidates of such political party, 
or nominating paper may be indicated. By stamping such device 
at the head of the list of candidates of each political party, or nomi- 
nating paper, the voter may indicate that his vote is for the entire 
or straight ticket of the political party or nominating paper em- 
ploying the particular device allotted to such political party, or 
nominating paper. When the voter does not desire to vote an entire 
or straiiiht party ticket, he may vote for candidates of any political 
party or nominating paper, by stamping a blank space to be left 
opposite the name of each candidate on said official ballot. 

The General Assembly shall provide some plan by which the 
voters may prepare their ballots' irsecrecy at the polls. This article 
shall not be construed so as to prevent . the names of independent 
candidates from being printed on the ballots with a device; and 
names of candidates may be written on the ballot. These provisions 
shall not apply to elections for the imposition of special taxes, for 
which the General Assembly shall provide special laws. 

Art. 213. Electors shall not be registered within thirty days next 
preceding any election at which they may offer to vote, but appli- 
cations to the courts, and appeals may be heard and determined, 
and revision take place at any time prior to the election, and no 
person who, in respect to age and residence, would become entitled 
to vote within the said thirty days, shall be excluded from registra- 
tion on account of his want of qualifications at the time of his appli- 
cation for registration. 

Art. 214. The Legislature shall provide for the registration of 
voters throughout the State. 

Art. 215. The Legislature shall enact laws to secure fairness in 
party primary elections, conventions, or other methods of naming 
party candidates. 

Art. 216. In the trial of contested elections and in proceedings for 
the investigation of elections, and in all criminal trials under the 
election laws, no person shall be permitted to withhold his testimony 
on the grounds that he may criminate himself or subject himself to 
public infamy, but such testimony shall not be used against him in 
any judicial proceedings except for perjury in giving such testimony. 

Impeachment and Removals from Office. 

Art. 217. The Governor, Lieutenant Governor, Secretary of State, 
Auditor, Treasurer, Attorney General, Superintendent of Public 
Education, Railroad Commissioners and the judges of all the Courts 
of Record in this State shall be liable to impeachment for high 



CONSTITUTION. 309 

crimes and misdemeanors, for nonfeasanee or malfeasance in office, 
for incompetency, for corruption, favoritism, extortion or op- 
pression in office, or for gross misconduct, or habitual drunken- 
ness. 

Art. 218. The House of Kepresentatives shall have the sole povpcr 
of impeachment. All impeachments shall be tried by the Senate; 
when sitting for that purpose, the Senators shall be upon oath or 
affirmation, and no person shall be convicted without the concur- 
rence of two-thirds of the Senators present. When the Governor of 
the State is on trial the Chief Justice or the senior Associate Justice 
of the Supreme Court shall preside. 

The Senate may adjourn the trial of any impeachment from time 
to time, as it may deem proper, and may sit for the purpose of such 
trial whether the House of Representatives or the Legislature be in 
session or not. 

Judgment in cases of impeachment shall extend only to removal 
from office and disqualification from holding any office of honor, trust 
or profit, under the State, but the party, whether convicted or acquit- 
ted, shall nevertheless be liable to prosecution, trial and punishment 
according to law. 

Art. 219. All officers against whom articles of impeachment are 
preferred, except the Governor, shall be suspended from office during 
the pendency of such impeachment, and the appointing power shall 
make a provisional appointment to replace any suspended officer 
until the decision of the impeachment. 

Art. 220. For any reasonable cause, whether sufficient for im- 
peachment or not, the Governor shall remove any officer on the 
address of two-thirds of the members elected to each house of the 
General Assembly. In every such case, the cause or causes for which 
such removal may be required shall be stated at length in the ad- 
dress and inserted in the Journal of each house. 

Art. 221. For any of the causes specitied in Art. 217, judges of the 
Courts of Appeal, and of the District Courts throughout the State 
may be removed from office by judgment of the Supreme Court, 
which is hereby vested with ojiginal jurisdiction to try such causes. 
The suitfor removal may be instituted by the Attorney Genei'al or 
District Attorney, whenever in his opinion sufficient cause exists 
therefor; and it is hereby made the duty ol the Attorney General 
or District Attorney to institute such suit whenever instructed 
in writing by the Governor so to do, or on the written request and 
information of twenty-five citizens and taxpayers residing within the 
territorial limits of the districtor circuit over which the judge against 
whom the suit is brought exercises the functions of his office. Such 
suits shall be tried after citation and ten days' delay for answering, 
in preference to all other suits, and whenever the court may be sit- 
ting; but the pendency of such suit shall not operate a suspension 
from office. In all cases where the officer sued, as above directed, 
shall be acquitted, and where the suit is instituted on the request and 
information of citizens, judgment shall be rendered jointly and in 
soli do against the citizens signing the request, for all costs of the 
suit. Judgments in cases of removal under this article shall extend 



310 HISTORY OF LOUISIANA. 

not only to removals from office and disqualification from holding 
any office of honor, trust, or profit under the State, but also to dis- 
qualification for the practice of law, and the party, whether con- 
victed or not, shall nevertheless be liable to prosecution, trial and 
punishment according to law. 

Art. 222. For any of the causes enumerated in Art. 217, members of 
the State Board of Appraisers, except the Auditor, Railroad Commis- 
sioners, District Attorneys, Clerks of Court, Sheriffs, Coroners, Jus- 
tices of the Peace, Judges of the City Courts and of other inferior 
courts of the city of New Orleans and elsewhere, and all other par- 
ish, municipal and ward officers, may be removed by judgment of 
the District Court of the domicile of such officer (in the parish of 
Orleans the Civil District Court). The District Attorney may, 
whenever in his opinion sufficient cause exists therefor, institute 
such suit, and it shall be his duty (except when the suit is to be 
brought against himself) to institute such suit on the written request 
and information of twenty-five resident citizens and taxpayers, in 
the case of members of the State Board of Appraisers, Railroad Com- 
missioners, district, parish or municipal officers, and of ten resident 
citizens and taxpayers in the case of ward officers. Such suit shall 
be brought against a District Attorney upon such written request and 
information by the District Attorney of an adjoining district, or by 
counsel appointed by the judge for that purpose. In all suits insti- 
tuted under this article the defendant, the State and the citizens and 
taxpayers, on whose information and at whose request such suit may 
have been brought, or any one of them, shall have the right to 
appeal, both on the law and the facts, from the judgment of the 
court. In all cases where the officer sued, as above directed, shall 
be acquitted, judgment shall be rendered jointly and in solido against 
the citizens signing the request, for all costs of the suit. 

In cases against members of the State Board of Appraisers, Rail- 
road Commissioners, District Attorneys, Clerks and Sheriffs, the 
appeal shall be to the Supreme Court, and In cases against all other 
officers the appeal shall be to the Court of Appeal of the proper 
circuit. 

Such appeals shall be returnable within ten days to the appellate 
court wherever it may be sitting or wherever it may hold its next 
session, and may be transferred by order of the judges of said court 
to another parish within their circuit, and such appeals shall be 
tried by preference over all others. In case of the refusal or neglect 
of the District Attorney or Attorney General to institute and prose- 
cute any suit provided for in this and the preceding article, the citi- 
zens and taxpayers making the request, or any one of them, shall 
have the right by mandamus to compel him to perform such duty. 

The institution and pendency of suits brought under this article 
shall not operate a suspension of the defendant from office. 

Art. 223. On the recommendation of the Auditor or the police 
jury of any parish the Governor may suspend any officer charged 
with the collection or custody of public funds when in arrears. 



CONSTITUTIOIS. 311 



Revenue and Taxation. 

Art. 224, The taxin^^ power may be exercised by the General As- 
sembly for State purposes, and by ])arishes and municipal corporations 
and public boards, under authority granted to them by the General 
Assembly, for parish, municipal and local purposes strictly i)ublie 
in their nature. 

Art. 225. Taxation shall be equal and uniform throughout the 
territorial limits of the authority levying the tax, and all property 
shall be taxed in proportion to its value, to be ascertained as directed 
by law; provided, the assessment of all property shall never exceed 
the actual cash value thereof ; and provided, further, that the tax- 
payers shall have the right of testing the correctness of their assess- 
ments before the courts of justice. In order to arrive at this equality 
and uniformity the General Assembly shall, at its first session after 
the adoption of this Constitution, provide a system of equality and 
uniformity in assessments based upon the relative value of property 
in the different portions of the State. The valuations put upon prop- 
erty for the purposes of State taxation shall be taken as the proper 
valuation for the purposes of local taxation, in every subdivision of 
the State. 

Art. 226. There shall be a State Board of Appraisers, composed of 
the Auditor, and six other members, to be elected for four years 
l:)y the Governor, Lieutenant Governor, Treasurer, Attorney General, 
and Secretary of State, one from each Congressional District, whose 
duty it shall be to assess the property belono;ing to corporations, 
associations and individuals employed in railway, telegraph, tele- 
phone, sleeping car and express business. The General Assembly 
shall tix the compensation of said board. 

Art. 227. The taxing power shall be exercised only to carry on 
and maintain the government of the State and the public institutions 
thereof, to educate the children of the State, to preserve the public 
health, to pay the principal, and interest of the public debt, to su[)- 
press insurrection, to repel invasion or defend the State in time of 
war, to provide pensions for indigent Confederate soldiers and 
sailors, and their widows, to establish markers or monuments upon 
the battletields of tlie country commemorative of the services of 
Louisiana soldiers on such tields, to maintain a memorial hall in 
New Orleans for the collection and preservation of relics and memo- 
rials of the late civil war, and for levee purposes, as hereinafter 
provided. 

Art. 228. The power to tax corporations and corporate property 
shall never be surrendered nor suspended by act of the General 
Assembly. 

Art. 229. The General Assembly may levy a license tax. and in 
such case shall graduate the amount of such tax to be collected from 
the persons pursuing the several trades, professions, vocations, and 
callings. All persons, associations of persons and corporations pur- 
suing any trade, profession, business or calling, may be rendered 
liable to such tax, except clerks, laborers, clergymen, school teach- 
ers, those engaged in mechanical, agricultural, horticultural, and 



312 HISTORY OF LOUISIANA. 

mining pursuits, and manufacturers other than those of distilled, 
alcoholic or malt liquors, tobacco, cigars, and cotton seed oil. No 
political corporation shall impose a greater license tax than is im- 
posed by the General Assembly for Stale purposes. This restric- 
tion shall not apply to dealers in distilled, alcoholic or malt liquors. 

The General Assembly shall have authority to provide that mu- 
nicipalities, levying license taxes equal in amount to those levied by 
police juries for parochial purposes, shall be exempted from the 
payment of such parochial licenses. 

Art. 230. The following shall be exempt from taxation, and no 
other, viz.: All public property, places of religious worship, or 
burial, all charitable institutions, all buildings and property used 
exclusively for public monuments or historical collections, colleges 
and other school purposes, the real and personal estate of any pub- 
lic library, and that of any other library association used by or con- 
nected with such library, all books and philosophical apparatus 
and all paintings and statuary of any company or association kept 
in a public hall; provided, the property so exempted be not leased 
for purposes of private or corporate profit and income. There shall 
also be exempt from taxation household property to the value of 
five hundred dollars. There shall also be exempt from parochial 
and municipal taxation for a period of ten years from the 1st day of 
January, 1900, the capital, machinery and other property employed 
in mining operations, and in the manufacture of textile fabrics, 
yarns, rope, cordage, leather, shoes, harness, saddlery, hats, cloth- 
ing, riour, machinery, articles of tin, copper and sheet iron, agri- 
cultural implements, and furniture and other articles of wood, mar- 
ble or stone; soap, stationery, ink and paper, boat building and fer- 
tilizers and chemicals; provided, that not less than five hands are 
employed in anyone factory ; provided, that nothing herein contained 
shall affect the exemptions provided for by existing constitutional 
provisions. 

There shall also be exempt from taxation for a period of ten 
years from the date of its completion any railroad or part of such 
railroad that may hereafter be constructed and completed prior to 
January 1, 1904; provided, that when aid lias heretofore been voted 
by any parish, ward, or municipality to any railroad not yet con- 
structed, such railroad shall not becjititled to the exemption from 
taxation herein established, unless it waives and relinquishes such 
aid or consents to a resubmission of the question of granting such 
aid to a vole of the property taxpayers of the parish, ward, or mu- 
nicipality, which has voted the same, if one-third of such property 
taxpayers petition for the same within six months after the adop- 
tion of this Constitution. 

And provided, further, that this exemption shall not apply to 
double tracks, sidings, switches, depots or other improvements or 
betterments, whkh may be constructed by railroads now in opera- 
tion within the State, other than extensions or new lines constructed 
by such railroads; nor shall the exemption hereinabove granted ap- 
ply to any railroad or part of such railroad, the construction of which 



CONSTITUTION. 318 

was begun and tbe roadbed of which was substantially completed at 
the date of the adoption of this Constitution. 

The property or real estate belonging to any military organization 
of the State of Louisiana which is used by the State National Guard 
or militia for military purposes, such as arsenals or armories, while 
so used, shall be exempt from taxation. 

Art. 231. The General Assembly shall levy an annual poll tax of 
one dollar upon every male inhabitant in the State between the ages 
of twenty-one and sixty years, for the maintenance of the public 
schools in the parishes where collected. 

Art. 232. The State tax on property for all purposes whatever, 
including expenses of government, schools, levees and interest, shall 
not exceed, in any one year, six mills on the dollar of its assessed 
valuation, and, except as otherwise provided in this Constitution, no 
parish, municipal or public board tax for all purposes whatsoever, 
shall exceed in any one year ten mills on the dollar of valuation; 
provided, that for giving additional support to public schools, and 
for the purpose of erecting and constructing public buildings, public 
school houses, bridges, wharves, levees, sewerage work and other 
works of permanent public improvement, the title to which shall be 
in the public, any parish, municipal corporation, ward or school 
district may levy a special tax in excess of said limitation, whenever 
the rate of such increase and the number of years it is to be levied 
and the purpose or purposes for which the tax is intended, shall 
have been submitted to a vote of the property taxpayers of such 
parish, municipality, ward or school district entitled to vote under 
the election laws of the State, and a majority of the same in num- 
bers, and in value voting at such election shall have voted there- 
for. 

Art. 233. There shall be no forfeiture of property for the non-pay- 
ment of taxes, State, levee district, parochial or municipal, but at 
the expiration of the year in which said taxes are due the collector 
shall, without suit, and after giving notice to the delinquent in the 
manner to be provided by law, advertise for sale in the ofHcial jour- 
nal of the parish, city or municipality, provided there be an official 
journal in such parish, city or municipality, the property on which 
the taxes are due in the manner provided for judicial sales, and on 
the day of sale he shall sell such portion of the property as the 
debtor shall point out; and in case the debtor shall not point out 
sufficient property, the collector shall, at once and without further 
delay, sell the least quantity of property which any bidder will buy 
for the amount of taxes, interest and costs. The sale shall be with- 
out appraisement, and the property sold shall be redeemable at any 
time for the space of one year, by paying the price given, including 
costs, and twenty percent, thereon. No judgment annulling a tax 
sale shall have effect until the price and all taxes and costs paid, 
with ten per cent, per annum interest on the amount of the price and 
taxes paid from date of respective payments, be previously paid to 
the purchaser; provided, this shall not apply to sales annulled on 
account of taxes having been paid prior to the date of saie, or dual 
a68«ssments. All deeds of sale made, or that may be made, by th« 



314 HISTOKV OF LOUISIANA. 

collectors of taxes, shall be received by courts ia evidence as pi'ima 
facie valid sales. 

No sale of property for taxes shall be set aside for any cause, ex- 
cept on proof of dual assessment, or of payment of the taxes for 
which the property was sold prior to the date of the sale, unless the 
proceeding to annul is instituted within six months from service of 
notice of sale, Avhich notice shall not be served until the time of re- 
demption has expired, or within three years from the adoption of 
this Constitution, as to sales already made, and within three years 
frcra the date of recordation of the tax deed, as to sales made here- 
after, if no notice is given. The manner of notice and form of pro- 
ceedings to quiet tax titles shall be provided by law. Taxes on 
movables shall be collected by seizure and sale by the tax collector 
of the movable property of the delinquent, whether it be the property 
assessed or not, sufficient to pay the tax. Sale of such property 
shall be made at public auction, without appraisement, after ten 
days' advertisement, made within ten days from date of seizure, and 
shall be absolute and without redemption. 

If the tax collector can tind no corporeal movables of the delinquent 
to seize, he may levy on incorporeal rights, by notifying the debtor 
thereof, or he may proceed by summary rule in the courts to com- 
pel the delinquent to deliver up for sale property in his possession 
or under his control. 

Art. 234. The tax shall be designated by the year in which it is 
collectable, aud the tax on movable property shall be collected in 
the year in which the assessment is made. 

Art. 235. The Legislature shall have power to levy, solely for the 
support of the public schools, a tax upon all inheritances, legacies 
and donations; provided, no direct inheritance, or donation to an 
ascendant or descendant, below ten thousand dollars in amount or 
value shall be so taxed; provided further, that no such tax shall 
exceed three per cent, for direct inheritances and donations to as- 
cendants or descendants, and ten per cent, for collateral inheri- 
tances, and donations to collaterals or strangei's; provided, bequests 
to educational, religious, or charitable institutions shall be exempt 
from this tax. 

Art. 230. The tax pi'ovided for in the preceding article shall not 
be enforced when the property donated or inherited shall have 
borne its just proportion of taxes prior to the time of such donation 
or inheritance. 

Art. 237. The Legislature shall pass no law postponing the pay- 
ment of taxes, except in case of overflow, general conflagration, 
general destruction of crops, or other public calamity. 

Art. 238. A levee system shall be maintained in the State, aud a 
tax not to exceed one mill may be levied annually on all property 
subject to taxation, and shall be applied exclusively to the main- 
tenance and repairs of levees. 

Art 239. The General Assembly may divide the State into Levee 
Districts, and provide for the appointment or election of Levee Com- 
missioners in said districts, who shall, in the method and manner 
to be provided by law, have supervision of the erection, repair and 



CONSTITUTION. 315 

maintenance of the levees in said districts; to tliat effect tiie Levee 
Commissioners may levy a tax not to exceed ten mills on the tax- 
able property situated within the alluvial portions of said districts 
subject to overflow : provided, that in case of necessity to raise ad- 
ditional funds for the purpose of constructing, preserving or re- 
pairing any levees protecting the lands of a district, the rate of tax- 
ation herein limited, may be increased, when the rate of such in- 
crease and the necessity and jnirpose for which it is intended shall 
have been submitted to a vote of the property taxpayers of such 
district, paying taxes for themselves, or in any representative capa- 
city, whether resident or non-resident, on property situated within 
the alluvial portion of said district subject to overflow, and a ma- 
jority of those in number and value, voting at such election, shall 
have voted therefor. The Board of Commissioners of the several 
levee districts, when authorized so to do bj^ the State Board of 
Engineers, shall have full power and authority to contract with and 
permit any steam railroad corporation to construct, maintain, freely 
use and operate on the public levees a railroad track or tracks; the 
supervision, control and general police power over such levees, 
however, to remain in and with the several levee boards. Pro- 
vided, that nothing herein contained shall be construed as divest- 
ing either the General Assembly or the municipal government of 
any incorporated town or city in this State of the jurisdiction, con- 
trol, or police power now vested in them, or either of them; and 
provided further, that no right or privilege shall be granted to any 
one or more railroad companies which shall preclude like grants to 
other companies willing to contribute pro rata to the common ex- 
pense incurred or to be incurred. 

The several levee districts of the State, for the purpose of refund- 
ing the bonds heretofore issued by them under authority gi-anted by 
the Legislature, and in order that they may negotiate to better ad- 
vantage that portion of their authorized issue of bonds not yet dis- 
posed of, may issue bonds in lieu of said bonds outstanding or not 
yet disposed of. The Legislature shall pass an act to carry this pro- 
vision into effect, but bonds issued under this provision shall not 
bear a rate of interest greater than Ave per cent, or be disposed of at 
less than par, and it shall not be obligatory on the holders of the 
said outstanding bonds to give up the same in exchange before the 
maturity thereof. 

All the provisions of this article are held to apply to the levee dis- 
trict of wliich the city of New Orleans forms, or may hereafter form, 
a part; provided, that nothing herein shall be construed as affecting 
any existing legislation upon the subject of the taxing power of the 
commissioners of said district, or as affecting the power of the Legis- 
lature, under the Constitution of 1879, and the amendments thereto, 
with respect to such power. 

Art. 240. The provisions of the above two articles shall cease to 
have effect whenever the Federal government shall assume perman- 
ent control and provide the ways and means for the maintenance of 
levees in this State. The Federal government is authorized to make 
such geological, topographical, hydrographical and hydrometrical 



316 HISTORY OF LOUISIANA. 

surveys and investigations witlaiu the State as may be necessary to 
carry into effect the act of Congress to provide for the appointment 
of a Mississippi Kiver Commission for the improvement of said river, 
from the head of the Passes near its mouth to the headwaters, and to 
construct and protect such public worlis and improvements as may 
be ordered by Congress under the provisions of said act. 

Art. 241. The General Assembly shall have power, with the con- 
currence of an adjacent State or States, to create levee districts com- 
posed of territory partly in this State and partly in an adjacent State 
or States, and the Levee Commissioners for such district or districts 
shall possess all the powers provided by Art. 239 of the Constitution. 

Art. 242. Corporations, companies or associations organized or 
domiciled out of the State, but doing business therein, may be 
licensed and taxed by a mode different from that provided for home 
corporations or companies; provided, said different mode of license 
shall be uniform, upon a jjraduated system, and said different mode 
of taxation shall be equal and uniform as to all such corporations, 
companies or associations that transact the same kind of business. 

Art. 243. All the articles and provisions of this Constitution reg- 
ulating and relating to the collection of State taxes and tax sales shall 
also apply to and regulate the collection of parish, district, munici- 
pal, board and ward taxes. 

Homestead Exemptions. 

Art. 244. There shall be exempt from seizure and sale by any pro- 
cess whatever, except as herein provided, and without registration, 
the homestead, bona fide, owned by the debtor and occupied by him, 
consisting of lands, not exceeding one hundred and sixty acres, 
buildings and appurtenances, whether rural or urban, of every head 
of a family, or person having a mother or father, or a person or per- 
sons dependent on him or her for support, also two work horses, one 
wagon or cart, one yoke of oxen, two cows and calves, twenty-five 
head of hogs, or one thousand pounds of bacon or its equivalent in 
pork, whether these exempted objects be attached to a homestead of 
not, and on a farm the necessary quantity of corn and fodder for tha 
current year, and the necessary farming implements to the value or 
two thousand dollars. 

Pi'ovided, that in case the homestead exceeds two thousand dollars 
in value, the beneficiary shall be entitled to that amount in case a 
sale of the homestead under any legal process realizes more than 
that sum. 

No husband shall have the benefit of a homestead, whose wife 
owns, and is in the actual enjoyment of property or means to the 
amount of two thousand dollars. 

The benefit of this exemppion may be claimed by the surviving 
spouse, or minor child or children, of a deceased beneficiarj'. 

Art. 245. Rights to homesteads or exemptions, under laws or con- 
tracts, or obligations existing at the time of the adoption of this 
Constitution, shall not be impaired, repealed or affected by any prO' 
vision of this Constitution, or any laws passed in pursuance thereof. 



CONSTITUTIOK. 817 

This exemption shall not apply to the following debts, to-wit : 

1st. For the purchase price ofproperty or any part thereof. 

2d. For labor, money and material furnished for building, repair- 
ing or improving homesteads. 

3d. For liabilities incurred by any public officer, or fiduciary, or 
any attorney at law, for money collected or received on deposit. 

4th. For taxes or assessments. 

5th. For rent which bears a privilege upon said property. No 
court or ministerial officer of this State shall ever have jurisdiction 
or authority to enforce any judgment, execution or decree against 
the property exempted as a homestead, except the debts above 
mentioned in numbers one, two, three, four and five of this article; 
provided, the property herein declared exempt shall not exceed in 
value two thousand dollars. 

Art. 240. The right to sell any property that is exempt as home- 
stead shall he preserved; but no sale shall destroy or impair any 
r!ghts of creditors therein. Auy person entitled to a homestead may 
waive tlie same, by signing with his wife, if she be not separated a 
mensa et thoro, aiid having recorded in the office of the Recorder of 
Mortgages of his parish, a written waiver of the same, in whole or in 
part. Such waiver may be either general or special, and shall have 
effect from the time of recording. 

Art. 247. The articles of this Constitution relating to homesteads 
and exemption shall take effect on January 1, 1899. In the iDarish of 
Orleans, the homestead to be valid shall be recorded as is now, or 
maj^ be, provided by law. 

Public Education. 

Art. 248. There shall be free public schools for the white and col- 
ored races, separately established by the General Assembly, through- 
out the State, for the education of all the children of the State be- 
tween the ages of six and eighteen years : provided, that where 
kindergarten schools exist, children between the ages of four and six 
may be admitted into said schools. All funds raised by the State for 
the support of public schools, except the poll tax, shall be distribu- 
ted to each parisli in proportion to the number of children therein be- 
tween the ages of six and eighteen years. The General Assembly, at 
its next session, shall provide for the enumeration of educable chil- 
dren. 

Art. 249. There shall be elected by the qualified electors of the 
Slate a Superintendent of Public Education, who shall hold his 
office for a term of four years, and until his successor is qualitied. 
His duties shall be prescribed by law, and he shall receive an an- 
nual salary of two thousand dollars. The aggregate annual ex- 
penses of iais office, including his salary, shall not exceed the sum 
of four thousand dollars. 

Art. 250. The General Assembly shall provide for the creation of 
a State Board, and Parish Boards of Education. The Parish Boards 
shall elect a Parish Superintendent of Educa:ion for their respective 
parishes, whose qualifications shall be lixed by the Legislature, and 



318 HISTORY OF LOUISIANA. 

who shall be ex-ofRcio secretary of the Parish Board. The salary 
of the Parish Superintendent shall be provided for by the General 
Assembly, to be paid out of the public school funds accruing to the 
respective parishes. 

Art. 251. The general exercises in the public schools shall be con- 
ducted in the English language; provided, that the French lan- 
guage may be taught in those parishes or localities where the 
French language predominates, if no additional expense is incurred 
thereby. 

Art. 252. The funds derived from the collection of the poll tax 
shall be applied exclusively to the maintenance of the public schools 
as organized under this Constitution, and shall be api^lied exclusively 
to the support of the public schools in the parish in which the same 
shall be collected, and shall be accounted for and paid by the collect- 
ing offtcer directly to the treasurer of the local school board. 

Art. 253. No funds raised for the support of the public schools of 
the State shall be appropriated to or used for the support of any 
private or sectarian school. 

Art. 254. The school funds of the State shall consist of: 1st. Not 
less than one and one-quarter mills of the six mills tax levied and 
collected by the State. 2d. The proceeds of taxation forschool pur- 
poses as provided by this Constitution. 3d. The interest on the pro- 
ceeds of all public lands heretofore granted or to be granted by the 
United States for the support of the public schools, and the revenue 
derived from such lands as may still remain unsold. 4th. Of lauds 
and other property heretofore or hereafter bequeathed, granted or 
donated to the State for school purposes, 5th. All funds and prop- 
erty, other than unimproved lands, bequeathed or granted to the 
State, not designated for any other purpose. 6th. The proceeds of 
vacant estates falling under the law to the State of Louisiana. 7th. 
The Legislature may appropriate to the same fund the proceeds of 
public lands not designated or set apart for any other purpose, and 
shall provide that every parish may levy a tax for the public schools 
therein, which shall not exceed the entire State tax, provided, that 
with such a tax the whole amount of parish taxes shall not exceed 
the limits of parish taxation fixed by this Constitution. The city of 
New Orleans shall make such appropriation for the support, main- 
tenance and repair of the public schools of said city as it may deem 
proper, but not less than eight-tenths of one mill for any one year; 
and said schools shall also continue to receive from the Board of 
Liquidation of the City Debt, the amounts to which they are now 
entitled under the constitutional amendment, adopted in the year 
1892. 

Art. 255. The Louisiana State University and Agricultural and 
Mechanical College, founded upon the land grants of the United 
States to endow a seminary of learning and a college for the bcnetit 
of agriculture and the mechanic arts, now established and located in 
the city of Baton Rouge, is hereby recognized; and all revenues 
derived and to be derived from the seminary fund, the Agricultural 
and Mechanical College fund, and other funds or lands donated or to be 
donated by the United States to the State of Louisiana for the use of a 



CONSTITUTION. 319 

seminary of learning or of a college for the benefit of agriculture or the 
mechanic arts, sball be appropriated exclusively to the maintenance 
and support of said Louisiana State University and Agricultural and 
Mechanical College; and the General Assembly shall make such 
additional appropriations as may be necessary for its maintenance, 
support and improvement, and for the establishment, in connection 
with said institution, of such additional scientific or literarj^ depart- 
ments as the public necessities and the well being of the people of 
Louisiana maj' require; provided, that the appropriation shall not 
exceed fifteen thousand dollars per annum for its maintenance and 
support. 

Tbe Tulane University of Louisiana, located in Xew Orleans, is 
hereby recognized as created and to be developed in accordance with 
the provisions of legislative act Xo. 43, approved July 5, 18S4, and 
by approval of the electors, made part of the Constitution of the 
State. 

Art. 25(5. The Louisiana State Xormal School, established and 
located at Natchitoches; the Industrial Institute and College of 
Louisiana, whose name is hereby changed to the Louisiana Indus- 
trial Institute, established and located at Ruston; and the Southern 
University, now established in the eity of New Orleans, for the 
education of persons of color, are hereby recognized; and the Gen- 
eral Assembly is directed to make such appropriations from time to 
time as may be necessary for the maintenance, support and improve- 
ment of these institutions; provided, that the appropriation for the 
maintenance and support of the Louisiana Industrial Institute shall 
not exceed fifteen thousand dollars per annum, and that for the 
Southern University shall not exceed ten thousand. 

Art. 257. The debt due by the State to the free school fund is 
hereby declared to be the sum of one million one hundred and thirty 
thousand eight hundred and sixty-seven dollars and fifty-one cents 
in principal, and shall be kept o-n the books of the Auditor and 
Treasurer to the credit of the several towmships entitled to the same; 
the said principal being the proceeds of the sales of lands heretofore 
granted by the United States for the use and support of free public 
schools, which amount shall be held by the State as a loan, and shall 
be and remain a perpetual fund, on which the State shall p: y an 
annual interest of four per cent., and that said interest shall be paid 
to the several townships in the State entitled to the same, in accord- 
ance with the Act of Congress, No. 68, approved February 15. 1843. 

Art. 258. The debt due by the State to the seminary fund is hereby 
declared to be one hundred and thirty-six thousand dollars, being 
the proceeds of the sale of lands heretofore granted by the United 
States to this State for the use of a seminary of learning, and said 
famount shall be kept to the credit of said fund on the books o the 
Auditor and Treasurer of the State as a perpetual loan, and the 
State shall pay an annual interest of four per cent, on said amount. 

Art. 259. The debt due by the State to the Agricultural and Me- 
chanical College fund is hereby declared to be the sum of one hun- 
dred and eighty-two thousand three hundred and thirteen dollars 
and three cents, being tbe proceeds of the sale of lands and land 



820 HISTORY OF LOUISIANA. 

scrip heretofore granted by the United States to this State for the 
use of a college for the benefit of agricultural and mechanical arts ; 
and said amount shall be kept to the credit of said fund on the books 
of the Auditor and Treasurer of the State as a perpetual loan, and 
the State shall pay an annual interest of five per cent, on said 
amount. 

Art. 260. The interest due on the free school fund, the seminary 
fund and the Agricultural and Mechanical College fund, shall be 
l)aid out of any tax that may be levied and collected for the pay- 
ment of the interest on the State debt. 

Art. 201. All pupils in the primary grades in the public schools 
throughout the parish of Orleans, imable to provide themselves 
with the requisite books, an aftidavit to that effect having been 
made by one of the parents of such pupils, or if such parents be 
dead, then by the tutor or other person in charge of such pupils, 
shall be furnished with the necessary books free of expense, to be 
])aid for out of the school fund of said parish; and the School 
Board of the parish of Orleans is hereby directed to appropriate 
annually not less than two thousand dollars for the purpose named, 
provided such amount be needed. 

Corporations and Corporate Rights. 

Art. 2G2. The General Assembly shall not remit the forfeiture of 
the charter of any corporation now existing, nor renew, alter or 
amend the same, nor pass any general or special law for the benefit 
of such corporation, except upon the condition that such corpora- 
tion shall thereafter hold its charter subject to the provisions of this 
Constitution. 

Art. 2G3. The exercise of the police power of the State shall never 
be abridged nor so construed as to permit corporations to conduct 
(heir business in such manner as to infringe the equal rights of indi- 
vidu.als or the general well-being of the State. 

Art. 204. No domestic or foreign corporations shall do any busi- 
ness in this State without having one or more known places of 
business, and an authorized agent or agents in the State upon whom 
process may be served. 

Art. 205. No corporation shall engage in any business other than 
that expressly authorized in its charter or incidental thereto, nor 
.«hall it take or hold any real estate for a longer period than ten 
years, except such as may be necessary and proper for its legitimate 
business or purposes. 

Art. 206. No corporation shall issue stock or bonds, except for 
labor done or money or property actually received, and all tictitious 
issues of stock shall be void, and any corporation issuing such ficti- 
tious stock shall forfeit its charter. 

Art. 207. The stock shall neither be increased nor decreased, 
except in pursuance of general laws, nor without consent of per- 
sons holding the larger amount in value of the stock, first obtained 
%t a meeting of stockholders to be held after thirty days' notice 
^iven in pursuance of law. 



CONSTITUTION. 821 

Art. 26S. The term corporation, as used In this Constitution, shall 
be construed to include all joint stock companies or associations 
having anj- power or privileges not possessed by individuals or part- 
nerships. 

Art. 209. It shall be a crime, the punishment of which shall be 
prescribed by law, for any president, director, manager, cashier, or 
other officer or owner of any private or public bank or banking 
institution or other corporation accepting deposits or loans to assent 
to the reception of deposits, or the creation of debts hy such bank- 
ing institutions, after he shall have had knowledge of the fact that 
it is insolvent or in failing circumstances; any such officer, agent 
or manager shall be individually responsible for such deposits so 
received and all such debts so created with his assent. 

Art. 270. The General Assembly shall have power to enact general 
laws authorizing the parochial, ward and municipal authorities of 
the State, by a vote of the raajority of the property taxpayers in 
number entitled to vote under the provisions of this Constitution 
and in value, to levy special taxes in aid of public improvements or 
railway enterprises; provided, that such tax shall not exceed the 
rate of five mills per annum, nor extend for a longer period than ten 
years; and provided further, that no taxpayer shall be permitted 
to vote at such election unless he shall have been assessed in the 
parish, ward or municipality to be affected for property the year 
previous. 

Art. 271. Any railroad corporation or association organized for 
the purpose shall have the right to construct and operate a railroad . 
between any points withm this State, and connect at the State line 
with railroads of other States. Every railroad company shall have 
the right with its road to intersect, connect with or cross any other 
railroad, and shall receive and transport each other's passengers, 
tonnage and cars, loaded or empty, without delay or discrimination. 

Art. 272. Railways heretofore constructed, or that may hereafter 
be constructed in this State, are hereby declared public highways, 
and railroad companies common carriers. 

Art. 273. Every railroad or corporation, organized or doing busi- 
ness in this State, under the laws or authority thereof, shall have 
and maintain a public office or place in this State for the transac- 
tion of its business, where transfers of stock shall be made, and 
where shall be kept for public inspection books in which shall be 
recorded the amount of capital stock subscribed, the names of 
owners of stock, the amounts owned by them respectively, the 
amount of stock paid, and by whom, the transfers of said stock, 
with the date of transfer, the amount of its assets and liabilities, and 
the names and places of residence of its officers. 

Art. 274. If any railroad company, organized under the laws of 
this State, shall consolidate, by sale or otherwise, with any raih-oad 
company organized under the laws of any other State or of the 
United States, the same shall not thereby become a foreign corpora- 
tion, but the courts of this State shall retain jurisdiction in all mat- 
ters which may arise, as if said consolidation had not taken place. 
In no case shall any one consolidation take place except upon public 



322 HISTORY OK LOUISIANA. 

notice of at least sixty days to all stockholders, in such manner as 
may be provided by law. 

Art. 275. General laws shall be enacted providing for the crea- 
tion of private corporations, and shall therein provide fully for the 
adequate protection of the public and of the individual stockholder. 

Art. 27G. The police juries of the several parishes and the con- 
stituted authorities of all incorporated municipalities of the State 
shall alone have the power of regulating the slaughtering of cattle 
and otlier live stock within their respective limits; provided, no 
monopoly or exclusive privilege shall exist in this State, nor such 
business be restricted to the land or houses of any individual or cor- 
poration; provided, the ordinances designatmg the places for 
slaughtering shall obtain the concurrent approval of the Board of 
Health or other sanitary organization. 

Parochial and 3Iunicipal Corporations. 

Art. 277. The General Assembly may establish and organize new 
parishes, which shall be bodies corporate, with such powers as may 
be prescribed by law, but no new parish shall contain less than six 
hundred and twentj'-live square miles, nor less than seven thousand 
inhabitants; nor shall any parish be reduced below that area, or 
number of inhabitants. 

Art. 278. All laws changing parish lines, or removing parish 
seats, shall, before taking effect, be subn)itted to the electoi'S of the 
parish or parishes to be affected thereby, at a special election held 
for that purpose, and the lines, or the parish seat, shall remain un- 
changed unless two-thirds of the qualified electors of the parish 
or parishes affected thereby vote in favor thereof at such election. 

Art. 279. Any pai-ish may be dissolved and merged by the Gen- 
eral Assembly into a contiguous parish or parishes, two-thirds of 
the qualified electors of the parish proposed to be dissolved voting 
in favor thereof at an election held for that purpose; provided, tbai 
the parish or parishes into which the dissolved parish proposes to 
become incorporated consents thereto by a majority of its qualified 
electors voting therefor. 

Art. 280. Whenever a parish shall be enlarged or created from 
territory contiguous thereto, it shall be entitled to a just proportion 
of the property and assets, and be liable for a just proportion of the 
existing debts or liabilities of the parish or parishes from whicli 
such territory shall have been taken. 

Art. 281. Municipal corporations, parishes, and drainage districts, 
the city of New Orleans excepted, when authorized to do so, by a 
vote of the majority in number and amount of the property tax- 
payers, qualified as electors under the Constitution and laws of this 
State, voting at an election held for that purpose, after due notice of 
said election has been published for thirty days in the official journal 
of the municipality or parish, and where there is no official journal, 
in a newspaper published therein, may incur debt, and issue nego- 
tiable bonds therefor, to the extent of one-tenth of the assessed valu- 
ation of the property within said municipal corporation, parish, or 



CNNSTITUTION. 323 

drainage district, as shown by the last assessment made prior to the 
submission of the proposition to the property taxpayers, as above 
provided, and may be authorized by the property taxpayers voting 
at said election, to levy and assess special taxes upon the property 
subject to taxation in the parish, drainage district or corporation; 
provided, said taxes so imposed do not exceed five mills on the 
dollar of the assessed valuation in any one year, nor run for a greater 
number of years than the number named in the proposition sub- 
mitted to the taxpayers. No bonds shall be issued for any other 
purpose than stated in the submission of the proposition to the tax- 
payers, and published for thirty days, as aforesaid, nor for a greater 
amount than therein mentioned; nor shall such bonds be issued for 
any other purpose than for paving and improving streets, roads and 
alleys, purchasing or constructing a system of water-works, sewer- 
age, drainage, lights, public parks and buildings, bridges and other 
works of public improvement, the title to which shall vest in the 
municipal corporation, parish or drainage district, as the case may 
be; nor shall such bonds run for a longer period than forty years 
from their date, or bear a greater rate of interest than five per cent, 
per annum, or be sold by the municipal corporation, parish or drain- 
age district issuing same for less than par. 

The municipal corporation, parish or drainage district issuing 
such bonds shall provide for the payment of the interest annually, 
or semi-annually, and the principal thereof at maturity; provided, 
that the total issue of bonds by any municipality, parish or dramage 
district, for all purposes shall never exceed ten per cent, of the 
assessed value of the property in such municipality, parish or drainage 
district. Provided, that drainage districts availing themselves of 
the provisions of this ordinance shall be limited to the rate of taxa- 
tion herein fixed; and such districts shall be prohibited from levy- 
ing contributions under the provisions of existing laws, and pro- 
vided, further, that nothing herein contained shall prevent drainage 
districts from being established under the provisions of existing 
laws. 

Art. 282. One-half of the net amount of all parish taxes and 
licenses, levied and collected within the corporate limits of the city 
of Baton Rouge, shall be paid over for the use of said city, by the 
officer collecting the same, to the officer charged with the custody 
of the funds of said city. 

Railroad, Express, Telephone, Telegraph, Steamboat and 
Sleeping Car Company Commission. 

Art. 283. A Railroad, Express, Telephone, Telegraph, Steamboat 
and other Water Craft, and Sleeping Car Commission, is hereby 
created ; to be composed of three members, to be elected from the 
districts hereinafter named, at the time fixed for the Congressional 
election in 1898. Of the three commissioners elected in the year 
1898, one shall serve two years, one shall serve four years, and one 
Shall serve six years, the period each is to serve to be determined by 
lot; thereafter the commissioners from each district shall be elected 



324 HISTOllY OF LOUISIANA. 

for a term of six years. They shall be known as the Railroad Com- 
mission of Louisiana. The Commission shall meet and open an 
office and have its domicile at Baton Rouge, and shall elect one of 
their number chairman, and may appoint a secretary at a salary 
of fifteen hundred dollars per annum, and may meet and hold reg- 
ular or special hearings at such other places as they may find 
necessarj'. No member of this Convention shall be eligible to elec- 
tion or appointment as a member of said Commission, prior to the 
year 1908. 

Art. 284. The power and authority is hereby vested in the Com- 
mission, and it is hereby made its duty, to adopt, change or make 
reasonable and just rates, charges and regulations, to govern and 
regulate railroad, steamboat and other water craft, and sleeping car, 
freight and passenger tariffs and service, express rates, and tele- 
phone and telegraph charges, to correct abuses, and prevent unjust 
discrimination and extortion in the rates for the same, on the dif- 
ferent railroads, steamboats and other water craft, sleeping car, ex- 
press, telephone and telegraph lines of this State, and to prevent 
such companies from charging any greater compensation in the ag- 
gregate for the like kind of property or passengers, or messages, for 
a shorter than a longer distance over the same line, unless authorized 
by the Commission to do so in special cases; to require all railroads 
to build and maintain suitable depots, switches and appurtenances, 
wherever the same are reasonably necessary at stations, and to in- 
spect railroads and to require them to keep their tracks and bridges 
in a safe condition, and to fix and adjust rates between branch or 
short lines and the great trunk lines with which they connect, and 
to enforce the same by having the penalties hereby prescribed in- 
flicted through the proper courts having jurisdiction. 

The Commission shall have power to adopt and enforce such 
reasonable rules, regulations, and modes of procedure, as it may 
deem proper for the discharge of its duties, and to hear and deter- 
mine complaints that may be made against the classification or rate* 
it may establish, and to regulate the mode and manner of all investi- 
gations and hearings of railroad companies and other parties before 
it, in the establishment < f rates, orders, charges, and other acts, re- 
(juired or authorized by these provisions. They shall have power to 
summon and compel the attendance of witnesses, to swear witnesses, 
and to compel the production of books and papers, to take testimony 
under commission, and to punish for contempt, as fully as is provid- 
ed by law for the district courts. 

Art. 285. If any railroad, express, telephone, telegraph, steamboat 
and other water craft, or sleeping car companj^ or other party in 
interest, be dissatisfied with the decision or fixing of any rate, clas- 
sification, rules, charge, order, act or regulation, adopted by the 
Commission, such party may file a petition setting forth the cause 
of oljjection to such decision, act, rule, rate, charge, classifica- 
tion or order, or to either or to all of them, in a court of competent 
jurisdiction, at the domicile of the Commission, against said Com- 
mission as defendant, and either party to said action may appeal 
the case to the Supreme Court of the State, without regard to the 



CONSTITUTION. 325 

amount involved, and all such cases, both in the trial.and appellate 
courts, shall be tried summarily, and by preference over all other 
cases. Such cases may be tried in the court of the tirst instance 
either in chambers, or at term time; provided, all such appeals shall 
be returned to the Supreme Court within ten days after the decision 
of the lower court; and where the Commission appeals, no bond 
shall be required. No bond shall be required of said Commission 
in any case, nor shall advance costs, or security for costs be required 
of the Commission. 

Art. 286. If any railroad, express, telephone, telegraph, steam- 
boat, or other water craft, or sleeping car company, subject hereto, 
directly or indirectly, or by any special rate, rebate, or other device, 
shall intentionally charge, demand, collect or receive, from any per- 
son, firm or corporation, a greater or less compensation for any 
service rendered by it, than it charges, demands or receives from any 
other person, firm or corporation, for doing a like and contemporan- 
eous service, or shall violate any of the rates, charges, orders, or de- 
cisions of said Commission, such railroad, steamboat or other water 
craft, express, telegraph, telephone or other company, shall forfeit 
and pay to the State not less than one hundred dollars, nor more 
than five thousand dollars, to be recovered before any court of com- 
petent jurisdiction, at the suit of said Commission, at the domicile of 
the Commission or of the company, or at the place where the com- 
plaint arises, at the option of the Commission. Provided, that 
whenever any rate, order, charge, rule or regulation of the Commis- 
sion is contested in court, as provided for in Article 285 of this Con- 
stitution, no fine or penalty for disobedience thereto, or disregard 
thereof, sball be incurred until after said contestation shall have 
been finally decided by the courts, and then only for acts subse- 
quently committed. 

The power of the Commission shall affect only the transporta- 
tion of passengers, freight, express matter and telegraph and tele- 
phone messages between points within this State, and the use of 
such instruments within this State. 

Art 287 Until otherwise provided by law, the members of the 
Commission shall each receive a salary of three thousand dollars 
per annum, payable monthly on his own warrant, and their actual 
traveling expenses, and those of their secretary; which expenses, 
and the salary of the latter, shall be paid on the warrant of the 
Chairman of the Commission on a sworn statement of their cor- 
rectness. 

Nothing herein shall prevent the railroad, express, telegraph, tel- 
ephone and steamboat or other water craft, or other companies, from 
serving free of cost, or at reduced rates, the State or any city, par- 
ish, or town government, or any charitable purpose, or any fair or 
exposition, or any destitute or indigent person, or the issuance of 
mileage or excursion tickets; nor to prevent railroads, steamboats, 
or other water craft from giving free transportation to ministers of 
religion, or to inmates of hospitals, or to railroad officers, agents, 
employes, attorneys, stockholders or directors, unless otherwise pro- 
vided by this Constitution. 



826 HISTORY OF LOUISIANA. 

Art. 288. Upon the recommendation of the Commission the 
Legislature may add to or enlarge the powers and duties of said 
Commission, or confer other powers and duties on them. They may 
also provide additional clerical, or other assistance, that may be 
deemed necessary for the discharge of the duties of said Commis- 
sion, and may add other penalties to make the work of said Com- 
mission effective. 

It shall be the duty of the Attorney General, and the various dis- 
trict attorneys, to aid said Commission in all legal matters, for 
which they shall receive not exceeding 25 per cent, of all fines 
and forfeitures collected by them; provided, the Commission may 
employ other attorneys in lieu of these officers on like terms. 

No person in the service of, or attorney for, any raiKvay, express, 
telephone, telegraph, steamboat or other water craft, sleeping car 
company or corporation, or pecuniarily interested in such company 
or corporation, shall hold the office of Commissioner. 

The fines collected, after paying the attorney's fees and the costs 
in suits in which the Commission maybe cast for costs, shall be paid 
into the State Treasury. 

Art. 289. The State is hereby divided into three Railway Com- 
mission Districts, and one Commissioner shall be elected from each 
of said districts by a plurality of the voters of the respective dis- 
tricts. The First District shall comprise the parishes of Orleans, 
Plaquemines, St. Bernard, Jefferson, St. Charles, St. John the Bap- 
tist and St. James. The Second District shall comprise the par- 
ishes of Iberville, Ascension, Assumption, Lafourche, TeiTebonne, 
St. Mary, Iberia, St. Martin, Lafayette, Vermillion, Cameron, Cal- 
casieu, Avoyelles, St. Landry, Pointe Coupee, West Feliciana, East 
Feliciana, West Baton Rouge, East Baton Rouge, St,Helena, Living- 
ston, Tangiphoa, Washington, St. Tammany and Acadia. The Third 
Districtshall comprise the parishes of Rapides,Vernon,Sabine,Grant, 
Natchitoches, Winn, Red River, DeSoto, Caddo, Bossier, Webster, 
Bienville, Concordia, Caldwell, Franklin, Tensas, Madison, Rich- 
land, Ouachita, Jackson, Lincoln, Union, Morehouse, East Carroll, 
West Carroll, Claiborne and Catahoula. 

RIPARIAN RIGHTS. 

Art. 290. Riparian owners of property on navigable rivers, 
lakes, and streams, within any city or town in this State having 
a population in excess of five thousand shall have the right to 
erect and maintain on the batture or banks owned by them, such 
wharves, buildings and improvements as may be required for 
the purpose of commerce and navigation, subject to the following 
conditions, and not otherwise, to-wit: Such owners shall first ob- 
tain the consent of the Council, or other governing authority, and 
of the Board of Levee Commissioners, within whose municipal or 
levee district jurisdiction such wharves, buildings, and improve- 
ments are to be erected, and such consent having been obtained, 
shall erect the same in conformity to plans and specifications which 
shall have been first submitted to, and approved by, the engineer of 



CONSTITUTION. 327 

of such Council, or other governing authority; and when so erected 
such wharves, buildings, and iDiprovements shall be, and remain, 
subject to the administration and control of such Council, or 
other governing authority; with respect to their maintenance 
and to the fees and charges to be exacted for their use by the 
public, whenever any fee or charge is authorized to be and is 
made; and shall be and remain subject to the control of such 
Board of Levee Commissioners, in so far as may be necessary for the 
maintenance and administration of the levees in its jurisdiction. 
The Council, or other governing authority, shall have the right to 
expropriate such wharves, buildings and improvements, whenever 
necessary for public jDurposes, upon reimbursing the owner the cost 
of construction, less such depreciation as may have resulted from 
time and decay; such reimbursement, however, in no case to exceed 
the actual market value of the property. Provided, that nothing 
in this article shall be construed as affecting the right of the State, 
or of any political subdivision thereof, or of the several Boards of 
Levee Commissioners to appropriate without compensation such 
wharves, buildings, and improvements, when necessary for levee 
purposes. 

The grants made by the city of New Orleans under the terms of 
Ordinance 11,765, Council Series, adopted January 14, 1896, author- 
izing the construction, use, and maintenance of wharves, structures, 
and improvements upon certain riparian property in the Sixth 
Municipal District, and ether grants of the same nature made by the 
city of New Orleans to riparian owners with reference to their 
property, are recognized as necessary aids to the commerce of this 
State, and are hereby ratified, and declared to be lawful, but shall 
in no event be construed as conferring greater privileges or rights 
than might be conferred under this article, or as releasing the 
riparian owners from the obligations herein imposed or which may 
have been imposed upon or assumed by such riparian owner by con- 
tract, municipal ordinance or otherwise. 

Public Roads. 

Art. 291. The Police Juries of this State may form their respective 
parishes into road districts; and in order to raise funds for the pur- 
pose of constructing, maintaining and repairing the public roads 
and bridges of their parishes, they are authorized to set aside at least 
one mill per annum of the taxes levied by them, and to impose a per 
capita tax of not more than one dollar per annum upon each able- 
bodied male inhabitant of the parish between the ages of eighteen 
and fifty-five years, and to levy an annual license of not less than 
twenty-five cents, nor more than one dollar per annum upon each 
vehicle, including bicycles kept and used for locomotion over public 
roads, in their respective parishes; which license may be graduated. 
The provisions of this article relative to the per capita tax shall not 
be operative in incorporated towns and cities that maintain their 
own streets. 

To carry into effect the provisions of this article the Police Juries 



328 HISTORY OF LOUISIANA. 

may enact such ordinances of a civil nature as may be necessary to 
enforce the property and license tax, and of a criminal nature to en- 
force the per capita tax. Other taxes may be levied by the Police 
Juries for road and bridge purposes, not to exceed five mills for five 
years on the property of the parish, or any ward thereof, where the 
rate of taxation and the purpose thereof shall have been submitted 
to the property taxpayers of said ward or parish entitled to vote 
under the election laws of the State, and a majority in numbers and 
value of those voting at said election shall have voted in favor 
thereof. 

Art. 292. When any parish shall avail itself of the provisions of 
this article, the judge, in passing sentence on persons convicted of 
any offense, when the punishment imposed by law is imprisonment 
iu the parish jail in the first instance, or in default of payment of 
fine, may sentence such persons to work on the public roads and 
bridges and any other public work^ of the parish; and when the 
punishment prescribed by law is imprisonment in the penitentiary, 
he may sentence the persons so convicted to work on the public 
roads and bridges and other public works of the parish where the 
crime was committed, if the sentence actually imposed does not ex- 
ceed six months. All fines and penalties imposed on persons for in- 
fringement of the any ordinance relative to roads and bridges, shall 
go, when collected, into the road and bridge fund of the parish. 

Art. 293. The Police Jury shall relieve from compulsory road duty 
all persons who have paid the road and bridge tax and license levied 
against them. 

Art. 294. The State Board of Engineers, whenever called on so to 
do, shall furnish the different road districts with plans and specifica- 
tions for public roads, and such assistance and advice as will tend to 
create a uniform system of public roads throughout the State. 

Board of Charities and Corrections. 

Art. 295. The Legislature shall provide lor a State Board of Chari- 
ties and Corrections, which shall consist of six members, and of 
which the Governor shall be chairman ex-officio. Upon the organi- 
zation of said Board, the Governor shall appoint one member for six 
years, one for five years, one for four years, one for three years, one 
for two years, and thereafter shall make appointments for six years, 
except in case of vacancy in office, when the appointment shall be 
made for the unexpired term. The members of the Board shall 
serve without compensation, but they shall be authorized to elect a 
secretary, who shall receive such salary as may be fixed by the 
Legislature. The State shall provide an office for said Board, and 
shall make provision from time to time for the payment of its 
expenses. 

The duties of the Board shall be strictly visitorial, w^ithout admin- 
istrative or executive powers. It shall visit and inspect all State, 
parish or municipal institutions which are of a charitable, eleemo- 
synary, correctional, or reformatory character, and all private insti- 
tutions of like character utilized or aided by parochial or municipal 



CONSTITUTION. 329 

authority, and all private insane asylums, whether so utilized or 
aided or not. 

The Board shall report annually to the Governor, and to the 
Legislature at each session thereof, the actual condition of all of the 
above institutions. They shall make such suggestions to the Gover- 
nor and Legislature as may be necessary and pertinent; provided, 
said suggestions are concurred in by a majority of the members of 
the Boards in control of each of said institutions. The ofticers in 
charge of said institutions shall furnish the Board such information 
and statistics as it may require. 

Boards of Health and State Medicine. 

Art. 296. The General Assembly shall create for the State, and for 
each parish and municipality therein. Boards of Health, and shall 
define their duties, and prescribe the powers thereof. The State 
Board of Health shall be composed ot representative physicians from 
the various sections of the State. Until otherwise provided by law, 
both the President and Secretary of the State Board of Health shall 
be ex-officio members of the Board of Health for the city of New 
Orleans, the President of the State Board to be the President of the 
local Board of the city of New Orleans. 

Art. 297. The General Assembly shall provide for the interest of 
State Medicine in all its departments; for the protection of the 
people from unqualified practitioners of medicine, and dentistry; 
protecting confidential communications made to medical men by 
their patients while under professional treatment and for th.e pur- 
pose of such treatment; for protecting the people against the sale of 
injurious or adulterated drugs, foods and drinks, and against any 
and all adulterations of the general necessaries of life of whatever 
kinds and character. 

Militia. 

Art. 298. The General Assembly shall have authority to provide 
by law how the militia of this State shall be organized, officered, 
trained, armed and equipped, and of whom it shall consist. 

Art. 299. The officers and men of the militia and volunteer forces 
shall receive no pay, rations or emoluments, when not in active 
service by authority of the State. 

Art. 300. The General Assembly may exempt from military service 
those who belong to religious societies whose tenets forbid them to 
bear arms; provided, a money equivalent for these services shall be 
exacted. 

Art. 301. The Governor shall have power to call the militia into 
active service for the preservation of law aad order, or when the 
public service may require it; provided that ihe police force of any 
city, town or parish, shall not be organized or used as a part of the 
State militia. 



830 UISTOUY OF LOUISIANA, 

Pensions. 

Art. 302. The Soldiers' Home of the State of Louisiana, known as 
Cainp Nicholls, shall be maintained by the State, and the General 
Assembly shall make an appropriation for each year based upon the 
number of inmates in said home on the tirst day of April of the year 
in which said appropriation is made, of one hundred and thirty 
dollars per capita, for the maintenance and clothinsj of such inmates, 
from which one dollar per month shall be allowed to each inmate 
for his personal use, and shall make such further appropriations for 
building, repairs and incidentals, as may be absolutely necessary. 

Art. 303. A pension not to exceed eight dollars per month shall 
be allowed each Confederate soldier or sailor veteran, who possesses 
all of the following qualitications : 

1. He shall have served honorably from the date of his enlistment 
to the close of the late Civil war, or until he was discharged or 
paroled, in some military organization regularly mustered inio the 
army or navy of the Confederate States, and shall have remained 
true to the Confederate States until the surrender. 

2. He shall be in indigent circumstances, and unable to earn a 
livelihood by his own labor or skill. 

3. He shall not be salaried or otherwise provided for by the State 
of Louisiana or by any other State or Government. 

In case he enlisted in any organization mustered into said service 
as a Louisiana organization, or in case at the date of his enlistment 
he resided in the State of Louisiana, he shall have resided in this 
State for at least five years prior to his application for a pension. Jn 
case he resided elsewhere than in this State, and enlisted in an 
organization not mustered in from Louisiana, or in the navy of the 
Confederate States, he shall have resided in this State for at least 
fifteen years prior to his application for such pension. A like pension 
shall be granted to the widow, who shall not have married again, in 
indigent circumstances, of any soldier or sailor who, having entered 
the service of the Confederate States during the late Civil War, lost 
his life prior to June 1, 18G5, from wounds received, or disease con- 
tracted in such service ; provided that if her deceased husband served 
in an organization mustered in from Louisiana, or if he resided in 
Louisiana at the date of his enlistment, and had so resided for one 
year prior thereto, then, in order that such widow shall be entitled 
to the pension as herein provided, she shall have resided in this 
State for at least five years prior to her application therefor; and if 
her deceased husband enlisted elsewhere than in Louisiana, and 
served in an organization not mustered in from Louisiana, such 
widow shall, in order to entitle her to the pension as herein provided, 
have resided in this State for not less than fifteen years prior to her 
application for such pension; provided, further, that pensions, 
whether to veterans or to widows, shall be allowed only from the date 
of application under this article, and the total appropriations for all 
pensions shall not exceed fifty thousand dollars in any one year. 

Art. 304. The General Assembly shall appropriate not less than 
twelve hundred dollars per annum for the maintenance in New 



CONSTITUTION. 331 

Orleans of a Memorial Hall or repository for the collection and pres- 
ervation of relics and mementoes of the late Civil War, and of other 
objects of interest, and shall be authorized to make suitable appro- 
priations for the erection of monuments and mai'kers on the battle- 
fields of the country, commemorative of the services, upon such 
fields, of Louisiana soldiers and commands. 

Agriculture and Immigration. 

Art. 305. The existing Bureau of Agriculture and Immigration 
shall hereafter be known as the Louisiana State Board of Agriculture 
and Immigration, and shall be recognized as an integral part of the 
State Government. 

Art, 306. The Louisiana State Board of Agriculture and Immigra- 
tion shall have the control and direction of all State agricultural or- 
ganizations and State Farmers' Institutes, and shall adopt the need- 
ful measures for the securement of proper immigration 

It shall also encourage State, district and parish fairs and local 
agricultural organizations, and shall maintain effective control of 
the manufacture or sale, in this State, of fertilizers and Paris green 
for the suppression of adulteration and fraud therein. It shall per- 
form such other duties and shall have such other powers as shall be 
prescribed by the General Assembly. 

Art. 307. The said Board of Agriculture and Immigration shall 
consist of one member from each Congressional district, appointed 
by the Governor, by and with the advice and consent of the Senate, 
from men engaged in the leading agricultural interests of the State : 
the said members to hold their offices for six years, or until their 
successors are appointed. In the lirst appointment, which shall be 
made within sixty days after the adjournment of this convention, 
the members from the first and fourth districts shall be appointed for 
two years; those from the second and fifth districts for four years; 
and those from the third and sixth districts for six years. The Gov- 
ernor of the State, the Commissioner of Agriculture and Immigra- 
tion, the President of the State University and Agricultural and 
Mechanical College, the Vice-President of the Board of Supervisors 
of the State University and Agricultural and Mechanical College, 
and the Director of the State experimental stations are and shall be 
ex-officio members of this Board. The members of said Board shall 
serve without compensation, except actual expenses incurred in at- 
tending the meetings. 

Art. 308. The paramount importance of our agricultural interests, 
and the necessity of peopling with a desirable population the vast 
unoccupied areas of our fertile lands, require an enlargement of the 
duties and an expansion of the scope of the work of this Board, for 
which the General Assembly shall enact such laws as may be 
necessary to caay out the provisions of this article. 



332 IIISTOUY OF LOUISIANA. 

City of New Orleans. 

Art. 309. There shall be seven Assessors in the city of New Or- 
leans, who shall together compose the Board of Assessors for the 
parish of Orleans. One shall be appointed from each municipal 
district of the city of New Orleans, and they shall be residents of the 
districts from which they are appointed. 

There shall be seven State Tax Collectors for the city of New Or - 
leans. One shall be appointed from each municipal district. They 
shall be residents of the districts from which they are appointed, and 
they shall maintain offices in their respective districts. The said As- 
sessors and State Tax Collectors shall be appointed by the Gov- 
ernor, by and with the advice and consent of the Senate for the term 
of four years. 

The tirst appointments under this Constitution of said officers shall 
be after the general election in 1000. 

Art. 310. There shall be one coroner for the parish of Orleans, who 
shall be elected for four years by the qualified electors of said 
parish, and whose duties shall be fixed by law. He shall be ex-of- 
ficio city physician of the city of New Orleans, and shall receive an 
annual salary of forty-eight hundred dollars. He shall be a practic- 
ing physician of said city and a graduate of the medical department 
of some university of recognized standing. He shall appoint two 
assistants, having the same qualifications as himself ; one at an an- 
nual salary of twenty-six hundred dollars and one at an annual 
salary of six hundred dollars. 

Art. 311. The assistant whose salary is hereby tixed at six hun- 
dred dollars shall be a resident of the Fifth district of the parish or 
city of New Orleans and shall have his office in said district. 

The assistant whose salary is tixed at twenty-six hundred dollars 
shall be a resident of that portion of the city of New Orleans lying 
on the left bank of the Mississippi river. 

The provision shall take effect from and after the next general 
election. The salaries of the coroner and his assistants shall be 
paid by the city of New Orleans. 

Art. 312. Any person whose property has been appropriated 
within twelve months prior to the adoption of this Constitution, or 
whose property may hereafter be appropriated by the Orleans Levee 
Board for levee purposes, shall have a right of action against said 
board in any court of competent jurisdiction for the value of said 
property, and whatever judgment may be finally rendered against 
the Board shall be paid out of the taxes collected by it in the same 
manner as other disbursements are made; provided, that this shall 
not apply to batture property, nor to vacant property, where only a 
part thereof has been taken for levee purposes, and where the effect 
of the levee building would be to protect the remaining part of the 
same property ; nor to any property on any part of the river front, 
the administration and control of which is vested, for the purposes 
of commerce, either in the State or jity authorities, and on which 
improvements have been erected under grants from the city of New 
Orleans, or other authority, nor to the said improvements; pro- 



CONSTITUTION. 888 

vided, that said Board shall have power to appropriate property 
subject to such servitude, for levee buildng, as under existing laws, 
without making such compensation in advance. 

Art. 313. All surplus revenues of the city of New Orleans, from 
the year 1879 to the year 1S95, both inclusive, except the surplus 
revenue dedicated to permanent public improvement, and to schools, 
by Act No. 110 of 1890, derived from the one per cent, tax levied 
under said act, shall be turned over by the city to the Board of Liq- 
uidation of the City Debt. Said Board shall redeem all claims evi- 
denced by linancial ordinance or judgment against the city of New 
Orieans for debts arising and incurred between the years 1879 to 
1895, both inclusive, payment of which has not heretofore been pro- 
vided for out of the reseiwe and permanent public improvement 
funds of the city for the years 1893 to 1898, both inclusive, excepting 
therefrom the claims of school teachers for the years 1880 to 18S4, 
payment of which has been authorized by Act No. 110 of 1890 and 
is now being provided for by the city, said claims or judgments to be 
purchased on the most reasonable terms offered by creditors within 
the period of eighteen months succeeding the date of the adoption 
of this Constitution, the said Board to invite proposals by public 
advertisements, to be made bi-monthly; provided, any and all bids 
may be rejected. For the purpose of such redemption the city of 
New Orleans, through the Board of Liquidation, is hereby au- 
thorized to issue bonds to the extent of two hundred and lifty thou- 
sand dollars, bearing four per cent, per annum interest, payable semi- 
annually in such denominations as may be by said board determined 
upon, maturing in fifty years from the date of issue, but subject to 
redemption by said board in the reverse order of their issue at any 
time after sixty days' notice. 

Said board is hereby authorized in its discretion to exchange said 
bonds for said claims against the city, evidenced by financial ordi- 
nances or judgments, or to sell said bonds, and with the proceeds 
thereof purchase said claims; provided, that no sale of said bonds 
shall be made for less than par. 

Said Board of Liquidation shall, at any time it may be necessary, 
sell a sufficient number of the Constitutional Bonds of the city of 
New Orleans, now unsold, of the issue provided for by Act 110 of 
the General Assembl}" for the year 1890, and by the amendment to 
the Constitution of the State submitted to the people by said act 
and adopted at the general election in 1892, to provide for the pay- 
ment of interest or principal of the bonds hereby authorized to be 
issued. Whenever the said Board of Liquidation shall have received 
from the surplus revenues of the city of New Orleans, as provided 
herein, sufficient funds to meet the issue of bonds hereby authorized 
in principal and interest, the remainder of the surplus revenues so 
turned over to the said board shall revert to the city. 

Art. 314. The provisions of the amendment embodied in joint 
resolution of the General Assembly No. 110, approved July 8, 1890, 
and thereafter ratified by the people and made part of the Constitu- 
tion, are jecognized as of full force and effect; the authority con- 
ferred upon the city of Nea' Orleans and upon the Board of Liquida- 



834 HI8T0BT OF LOUISIANA. 

tion of the City Debt, with respect to the issuance of constitutional 
bonds of the city of New Orleans, and to the levy and collection of 
a special ad valorem tax of one per cent, upon all the taxable prop- 
erty, real, personal and mixed, in said city, for the payment of said 
bonds, in principal and interest, and with respect to the manner of 
such payment, is confirmed, as are also all rights vested by said 
amendment in the present and future holders of said bonds, whether 
issued or to be issued; and no limitations imposed by other provi- 
sions of this Constitution upon the authority of the city of New Or- 
leans, shall be held to include, apply to or affect, the taxing power 
herein contemplated and confirmed. 

Art. 315. The city of New Orleans is hereby authorized and re- 
quired to examine into and assume payment of the obligations of 
the Board of Directors of the Public Schools of the parish of Or- 
leans for unpaid salaries of school teachers and portresses and of 
other legitimate claims against said School Board, for the years 
1882, 1883 and 1884, and for unpaid salaries of school teachers and 
portresses for the years 1885. 1880 and 1887, now in the hands of the 
original owners, who have in no wise parted with their rights of 
ownership, or pledged the same, as may be found by said city to be 
equitably due by said Board. All claims to be examined into and 
assumed by the city of New Orleans under this article shall be pre- 
sented to and filed with the City Council of said city within ninety 
days after the adoption of this Constitution, and not thereafter. 

Art. 31G. The City Council shall issue certificates of indebtedness 
to the owners of said claims, when examined and found to be equitably 
due, and all such certificates shall be paid by the Board of Liquida- 
tion. If any of the claims aforesaid be rejected by the said City 
Council, the decision thereon may be reviewed by any court of com- 
petent jurisdiction, and the judgment of the court thereon shall, if in 
favor of the claimant, be likewise paid by the Board of Liquidation. 

Art. 317. The funds requisite to pay said claims shall be provided 
by said Board of Liquidation, by the sale of asufflcient number of 
the constitutional bonds of the city of New Orleans of the issue pro- 
vided for by Act No. 110 of the General Assembly for the yearl890, 
and by the amendment of the Constitution of the State submitted to 
the people by said act and adopted at the general election in 1892. 

Art. 318. The General Assembly of the State of Louisiana is 
hereby authorized to amend Act No. 110 of 1890, confirmed by Con- 
stitutional amendment of 1892, providing for the refunding of the 
city debt so far only as to provide that in the further issue at bonds 
under said act within the limit of ten million dollars, provided for 
in said act, the city of New Orleans through the Board of Liquida- 
tion, shall have authority to issue registered bonds, and to 
authorize the exchange of registered bondsfor equal amounts of out- 
standing four per cent, coupon bonds of the city of New Orleans, 
issued under authority of said act, having the same time to run and 
at the same rate of interest, and provide for their registration and 
payment of interest. All registered bonds issued by the city of 
New Orleans under the amended act as herein provided shall have 
the same guarantees, and the holders of said bonds shall have the 



CONSTITUTION. 335 

same privileges, as are now secured by said act to the holders of 
coupon bonds. Said registered bonds shall be denominated Regis- 
tered Constitutional Bonds of the City of New Orleans, Authorized 
by Act No. 110 of 1890, and amendment thereto. 

Art. 319. Tbe electors of the city of New Orleans, and of any 
political corporation w*iich may be e'^tablished within the territory 
now, or which may hereafter be, embraced within the corporate 
limits of said city, shall have the right to choose the public officers, 
who shall be charged with the exercise of the police power and 
with the administration of the affairs of said corporation in whole 
or in part. 

Art. 820. This article shall not apply to the Board of Liquidation 
of the City Debt, nor shall it be construed as prohibiting the estab- 
lishment of Boards or Commissions, the members of which are 
elected by the Council or appointed by the Mayor with the consent 
of the Council. As to all other existing Boards or Commissions 
affected by it, said article shall take effect from and after the first 
municipal election which shall be held in the city of New Orleans 
after the adoption of this Constitution; provided that nothing 
herein contained shall be so construed as to prevent the Legislature 
from creating Boards or Commissions, whose powers shall extend in 
and beyond the parish of Orleans, or as affecting present Boards of 
that chai-acter, or the Board of Directors of the public schools; pro- 
vided, that hereafter, in creating any Board with such powers, or in 
filling vacancies therein, at least two-thirds of the members thereof 
shall be from the city of New Orleans, and elected by the people or 
Council thereof, or appointed by the Mayor as hereinabove pro- 
vided. 

AMENDMENTS TO THE CONSTITUTION. 

Art. 321. Propositions for the amendment of this Constitution 
may be made by the General Assembly at any session thereof, and if 
two-thirds of all the members elected to each house shall concur 
therein, after such proposed amendments have been read in such 
I'espective houses on three separate days, such proposed amendment 
or amendments, together with the yeas and nays thereon, shall be 
entered on the Journal, and the Secretary of State shall cause the 
same to be published in two newspapers published in the parish of 
Orleans and in one paper in each other parish of the State in which 
a newspaper is published, for two months preceding an election for 
Representatives in the Legislature or in Congress, to be designated 
by the Legislature, at which time the said amendment or amend- 
ments shall be submitted to the electors for their approval or rejec- 
tion ; and if a majority voting on said amendment or amendments 
shall approve and ratify the same, then such amendment or amend- 
ments so approved and ratified shall become a part of the Constitution. 
When more than one amendment shall be submitted at the same time, 
they shall be so submitted as to enable the electors to vote on each 
amendment separately. The result of said election shall be made 
known by the proclamation of the Governor. 



336 HISTORY' OF LOUISIANA. 

CODE OF CRIMINAL LAW, PROCEDURE AND CORRECTION. 

Art. 322. It shall be the duty of the Governor to appoint a com- 
mission to prepare drafts of a Code of Criminal Law, of a Code of 
Criminal Procedure, and of a Code of Criminal Correction for this 
State. The drafts of such codes, when prepared, shall be promptly 
printed, and copies thereof shall be sent to each judge of this State, 
and to such other persons in or out of this State as the Governor 
may think proper, with the request from him for suggestions and 
criticisms. The Governor shall submit to the General Assembly of 
this State, first convened, after the lapse of one year from the distri- 
bution of the printed copies of said drafts as above, the said drafts, 
together with the report of the Commission, and with a message 
from himself in which he shall embody and condense each sugges- 
tion he shall deem of use. And the General Assembly shall have 
power to adopt said Codes, with such amendments as they may 
deem advisable, by vote in each House, without complying with the 
formalities of readings and the other formalities required by the 
Constitution in the passage of statutes. No promulgation of said 
code shall be required beyond its publication in book form after 
same shall have become a law. 

Art. 323. All amendments proposed in the General Assembly shall 
be proposed within the tirst thirty days after its convening, and no 
amendment shall be proposed after the lapse of that time. All 
amendments shall be referred to a joint committee of both Houses, 
consisting of two members from each House, with the Attorney 
General as ex-officio chairman. Only such amendments shall be 
voted on as shall be favorably reported by this committee, and each 
amendment shall be voted on separately. 

Art. 324. The Commission to prepare said drafts shall be com- 
posed of three lawyers of this State. The compensation of said 
Commissioners shall be fixed by the General Assembly. Said com- 
pensation to be payable only when the drafts have been prepared 
and submitted to the Governor; but the other expenses of the Com- 
mission shall be promiDtly paid as incurred, and the Governor is 
hereby warranted to draw on the General Fund for said compensa- 
tion, and for all the expenses of printing the said drafts, and for the 
other expenses incurred under this act. 

Schedule. 

Art. 325. That no inconvenience may arise from the adoption of 
this Constitution, and in order to carry this Constitution into 
complete' operation, it is hereby declared ; 

First — That all laws in force in this State, at the time of the adop- 
tion of this Constitution, not inconsistent therewith, and constitu- 
tional when enacted, shall remain in full force and effect until 
altered or repealed by the General Assembly, or until they expire 
by their own limitation. All ordinances passed and ratified by 
this Convention and appended to the official original draft of the 
OoMtitution delivered to the Secretary of State, shall have the 



CONSTITUTION. 337 

same force and effect as if included in, and constituting a part of 
ttiis Constitution. 

Second— All writs, actions, causes of action, proceedings, prose- 
cutions and rights of individuals, or bodies corporate, and of tlie 
State, when not inconsistent with this Constitution, shall continue 
as valid and in full force and effect. 

Third — The provisions of all laws, which are inconsistent with 
this Constitution, shall cease upon its adoption, except that all laws 
which are inconsistent with such provisions of this Constitution 
as require legislation to enforce theui, shall remain in full force 
until such'legislation is had. 

Fourth — All recognizances, obligations and all other instruments 
entered into or executed before the adoption of this Constitution, 
to the State, or to any parish, city, municipality, board, or other 
public corporation therein, and all tines, taxes, penalties, forfeit- 
ures and rights, due, owing or accruing to the State of Louisiana, 
or to any parish, city, municipality, board, or other public corpora- 
tion therein, under the Constitution and laws heretofore in force, and 
all writs, prosecutions, actions and proceedings except as herein 
otherwise provided shall continue and remain unaffected by the 
adoption of this Constitution. All indictments and informations 
which shall have been found or filed, or may hereafter be found 
or filed for any crime or offense committed before the adoption of 
this Constitution, may be prosecuted as if no change had been 
made, except as herein otherwise provided. 

Fifth— All officers, executive, legislative and judicial, State, parish, 
or municipal, who may be in office at the adoption of this Constitu- 
tion, or who may be elected or appointed before the election or ap- 
pointment of their successors, as herein provided, shall hold their re- 
spective offices until their terms shall have expired, and until their 
successors are duly qualified, as provided in this Constitution, imless 
sooner removed, as may be provided bylaw; and shall receive the 
compensation now fixed by the Constitution and laws in force at the 
adoption of this Constitution, except as herein otherwise provided. 

Sixth — The Constitution of this State, adopted in 1S79, and all 
amendments thereto, are declared to be superseded by this Consti- 
tution ; provided, however, that no failure on the part of this Con- 
vention to re-enact and re-ordain any article or ordinance contained 
in the Constitution of 1879 upon any of the subjects upon which this 
Convention is by the act convening it prohibited from enacting, or- 
daining or framing any article or ordinanc«, shall be construed as 
in any manner impairing or affecting the provisions of the Constitu- 
tion of 1879, upon the prohibited subjects. 

Seventh — The Supreme Court, Courts of Appeal and District 
Courts, provided for by this Constitution, are declared to be, and 
shall be construed to be the same courts as those of the same name, 
created by the Constitution of 1879, and all writs, orders and pro- 
cess issued from said courts, which shall be pending, or in course of 
execution at the date when this Constitution goes into effect, 
together with all the records and archives of said courts, shall at 
once, by virtue of this article, be transferred to, and held to be 



338 HISTORY OF LOUISIANA. 

cases pending in, and writs, orders and process issued from, and in 
course of execution, under the authority of, and records and arch- 
ives of said courts respectively, as organized under this Constitu- 
tion. 

Eighth— This Constitution, adopted by the people of the State of 
Louisiana, in Convention assembled, shall be in full force and effect 
from and after this 12th day of May, 1S9S, save and except as other- 
wise provided in and by said Constitution. 

Art. 326. The first General Assembly meeting after the adoption 
of this Constitution is required to malce a special appropriation to 
pay the debt which this convention has contracted with the Louisi- 
ana National Bank, the Hibernia National Bank and the New Orleans 
National Bank of the city of New Orleans, with interest at 5 per 
cent, per annum from May 9, 1898, until paid, and for which cerllti- 
cates are held by said banks, issued to them pursuant to an ordinauce 
heretofore adopted by this convention, and which said debt was 
incurred for the purpose of enabling this convention to complete its 
work. 

There shall be printed in book or pamphlet form 1500 copies of 
the journal of the convention, and 5000 copies of this Constitution, 
and each member of the convention shall be entitled to eight copies 
of the journal and twenty-live copies of the Constitution. The 
remaining copies shall be delivered to the Secretary of State, to be 
disposed of as may hereafter be ordered by the Legislature. 

Said General Assembly shall also make any appropriation required 
to pay any loans heretofore negotiated, or which may hereafter 
be negotiated by the Governor, pursuant to an ordinance here- 
tofore adopted by this convention, for the purpose of defraying the 
expenses of organizing and mobilizing the State's quota of volun- 
teers called for by the proclamation of the President of the United 
States, heretofore promulgated. 

Done in convention, in the city of New Orleans, on the twelfth day 
of May, in the year of our Lord one thousand eight hundred and 
ninety-eight and of the Independence of the United Stntes of 
America the one hundi'ed and twenty-second. 

E. B. KRUTTSCHNITT. 

President of the oonvencion, 

R. H. SNYDER, 

First Vice President of the Convention. 

S. McC. LAWRASON, 

Second Vice President of the Convention. 
Attest: 

ROBERT S. LANDRY, 

Secretary of the Convention. 



DKLEGATES 

TO 

THE CONSTITUTIONAL CONVENTION 

OF 

THE STATE OF LOUISIANA. 
I898. 



E. B. KRUTTSCHNITT , President 

R. H. SNYDER First Vice President 

S. McC. LAWRASOX Second Vice President 

ROBERT S. LAXDRY Secretary 



Alexander, T., Caddo. 

Allen, A. C, St. Mary. 

Badeaux. Thomas A., Lafourche. 

Bailey, B. W., Winn. 

Barrow, Robert Ruffln, Terre- 
bonne. 

Bell, T F.,at large, Caddo. 

Behrman, Martin, Orleans, Fif- 
teenth Representative District. 

Bird, C, C, East Baton Rouge. 

Blanchard, Max, Jr., Orleans, 
Seventh Representative Dis- 
trict. 

Boatner, C. J., at large, Orleans. 

Bolton, G. W., at large, Rapides. 

Bond, Joseph L., Lincoln. 

Boone, J. T., Bienville. 

Breazeale, Phanor, Natchitoches 

Browning, Charlton K., Orleans, 
Eleventh Rei)resentative Dis- 
trict. 

Bruns, H. Dickson, at large, Or- 
leans. 

Burke, Walter James, Iberia. 

Burns, Thomas M., St. Tammany 

Caillouet, L. I'.. Lafourche. 



Cameron, Robert S., Grant. 

Carver, M. H., at large, Natchi- 
toches. 

Castleman, Thomas W., Orleans, 
Fourteenth Representative Dis- 
trict. 

Chenet, James V., St. John Bap- 
tist. 

Chiapella, Henry, Orleans, Sev- 
enth Representative District. 

Clingman, A. K., at large, Clai- 
borne. 

Coco, A. v., at large, Avoyelles. 

Cordill, C. C., Tensas. 

Cordill, W. J., Franklin. 

Couvillion, G. Horace, Avoyelles. 

Dagg, J. L. Concordia. 

Davenport, C. C, Morehouse. 

Davidson, M. W., Livingston. 

Dawkins, R. B., at large, Union. 

Deblieux, John, Iberville. 

Dossman, L. J., St. Landry. 

Draughon, Robt. L., Tangipahoa. 

Dreibhalz, E.William, St. Mary. 

Drew, Harrison C. Calcasieu. 

Drew, R. C, Webster, 



340 



CONSTITUTION. 



Dubuisson, E. B., at large, St. 

Landry. 
Dudenhefer, F., Orleans, Ninth 

Representative District. 
Dymond, John, Plaquemines. 
Estopinal, Albert, Sr., at large, 

St. Bernard. 
Ewing, Robert, Orleans, Tenth 

Representative District. 
Farrell, Peter, Orleans, Tenth 

Representative District. 
Faulkner, A. W., Caldwell. 
Favrot, Geo. K., at large. East 

Baton Rouge. 
Fitzpatrick, John, Orleans, Third 

Representative District. 
Flynn, Geo. W., at large, Orleans. 
Gately, Samuel T., Orleans, 

Fourth Representative District 
Gordy, Minus T., Jr. Vermilion. 
Gray, William J., West Carroll. 
Haas, W. D., Avoyelles. 
Hall, W. P., De Soto. 
Hart, William O., Orleans, 

Twelfth Representative Dis- 
trict. 
Henry, Samuel P., Cameron. 
Hester, Henry G., at large, Or- 

Hicks, T. A., St. Landry. 
Hirn, Joseph, Orleans, Eighth 

Representative District. 
Hudson, Fred. G., Ouachita. 
Jenkins, B. F., De Soto. 
Kernan, T.J. , East Baton Rouge. 
Lambremont, Paul M., St. James. 
Landry, R. Clemile, Lafayette. 
Lawrason, S. McC, at large, 

West Feliciana. 
LeBlanc, Joseph E., Assumption. 
Leche, Paul, Ascension. 
Leclerc, Adolphe S., Orleans, 

Fifth Representative District. 
Lee, Robert E., Orleans, Second 

Representative District. 
Lefebvre, Victor M., West Baton 

Rouge. 
Liverman, H. T., at large, De 

Soto. 
Long, Henry J., Jefferson. 
Lozano, Louis, Iberville. 



McBride, James L., Jackson. 

McCarthy, Henry C, Orleans, 
Second Representative District 

McCollam, Edward, at large, 
Terrebonne. 

McGuirk, Arthur, Orleans, Sixth 
Representative District. 

McRacken, James, Orleans, Fifth 
Representative District. 

March, Sidney H., Orleans, First 
Representative District. 

Marrero, L. H., at large, Jeffer- 
son. 

Martin, Dr. G. W.,St. Landry. 

Maxwell, F. L., at large, Madison. 

Meadors, John E., Claiborne. 

Moffett, A. W., Orleans, Thir- 
teenth Representative District. 

Monroe, F. A., at large, Orleans. 

Montgomery, Geo. W., Madison. 

Moore, 1. D., Orleans, Eleventh 
Representative District. 

Moore, James E., Claiborne. 

Mouton, James E., St. Martin. 

Munson, Edward P., Assump- 
tion. 

Nunez, E. E., St. Bernard. 

O'Connor, Jas., at large, Orleans. 

Oakes, C. K., Vernon. 

Pipes, D. W., East Feliciana. 

Ponder, Amos L., Sabine. 

Porter, W. B., East Feliciana. 

Presley, Crawford A., Natchi- 
toches. 

Price, Andrew, at large, -La- 
fourche. 

Provosty, Oliver O., Pointe 
Coupee. 

Pugh, Phillip S., Acadia. 

Pujo. A. P., at large, Calcasieu. 

RansdelLJosephE., East Carroll. 

Richardson, D. W., Washington. 

Richardson, Thos. R., at large, 
Orleans. 

Sanders, J. Y., at large, St. Mary. 

Sellers, E. Thomas, Union. 

Semmes, Thos. J., Orleans. Third 
Representative District. 

Sevier, George W., Madison. 

Shaffer. John D., Terrebonne. 

Sims, R. N., at large. Ascension. 



HiSTOBr OF LOUISIANA. 



341 



Snider, J. A., Bossier. 
Snyder, J. B., at large, Madison. 
Snyder, Robert H., Tensas. 
Soniat, Chas.T., at large, Orleans 
St. Paul, John, at large, Orleans. 
Strickland, Milton A., St. lielena. 
Stringfellow, H. C, at large, 

Red River. 
Stubbs, F. P., at large, Ouachita. 
Sullivan, E. J., Rapides. 
Summerlin, John W., Richland. 
Tebault, Christopher H., Orleans, 

Third Representative District. 
Thornton, J. R., Rapides. 



Thompson, J. M., at large, St, 
Tammany. 

Wade, T. M., at large, Tensas. 

Ware, Jas. A., at large, Iberville. 

Watkins, L. K. , at large, Webster. 

White, H. H., at large, Rapides. 

Wickliffe, Robert C, West Feli- 
ciana. 

Wilkinson, J. D., Red River. 

Wilson, Riley J., Catahoula. 

Wise, William H., Caddo. 

Youngs, Hicks L., St. Charles. 

Zengel, Fred., Orleans, Ninth 
Representative District. 



INDEX. 



Aaron Burr 165-1G6 

Abadie 113 

Acadians....ll4, 115, 135, 162, 

164, 223, 250, 256 

Aime Valcour 202 

"Alabama Mingo" 96 

Allen, H. W 235 

Almonester, Don Andres 137 

Americus Vespucius 2 

Annochy Indians.... 34, 38 

Apalaehes 58, 62 

Apalacbicola 58 

Area 253 

Arliansas Indians 14, 19 

Arkansas, Ram 221 

Armant, Col 225 

Ascantia Bayou 43 

Aubry 114, 120, 128 

Audubon 254 

Austrian Succession, war of.. 108 

Bailey, Joseph 234 

Baker, Joshua 238 

Banks, N. P 226, 228, 234, 242 

Barataria 174 

Barbe, Marbois 150 

Bastrop 144 

Baton Rouge, 41, 80, 167, 168, 

198, 200, 211, 220 

Bayougoula Indians 34, 38 

Berwick Bay 226 

Bienville 29, 48, 54, 90, 98 

100, 107, 108 

Biloxi, Port 47, 57 

Bilosi, New 84 

Capital of Colony 83 

Black Code 90 

Boisblanc 116, 125, 127 

Boisbriant 49 

Bor6, Etienne de 142, 143 

Borgne, Lake, Battle of 178 

Bouligny, Francisco 145 

Braud, D 116, 125 

Breckinridge, John C 221, 222 

Butler, Benj. F 217, 216 



PAGE 

Cabildo 152, 155, 192 

Caddodaquois 55 

Cadillac, Lamothe 71 

Calhoun, John C 210 

Canada 8 

Canal, Carondelet 144 

Capital — 

Donaldsonville 198 

New Orleans 198 

Baton Rouge 198 

Shreveport 235 

Capuchins, French andSpan- 

ish 129 

Caresse, Pierre 127 

Carnival 247 

Carondelet, Francois Louis 

Hector, Baron 139 

Carroll, Major-General .. 186 

Casa Calvo 146, 151, 154 

Cat Island 32 

Cattle 164, 255 

Cession to Spain 112 

Chalmette 218 

Chandeleur Islands 31 

Charity Hospital 107 

Chateauguay 49, 91 

Chepart 93 

Chickasaws 58, 99, 104 

Churchill, General 232 

Civil War 209, 236 

Company of the West or 

Mississippi 77 

Constitutions — 

Of 1811-12 170 

Of 1845 204 

Of 1852 207 

Of 1864 272 

Of 1868 238, 242 

Of 1879 242 

Of 1898 251, 261 

Cote des Allemands 88 

Cotton 164, 185, 194, 203, 

218, 249, 254 
Cotton Seed 50 



344 



HISTORY OF LOUISIANA. 



PAGE. 

Council, Superior and In- 
ferior 77 

Crevecceur Fort 17 

Crozat, Antoine de 70 

D'Aquin, Mayor 181, 186 

D'Artaguette, Diron 67 

D'Artaguette, Commandant 

of the Illinois 100, 103 

Davion, Fattier 62 

Davis, Jefferson 213 

DeBore 151, 153, 157, 202 

DoClouet, Chevalier 136 

DeGraff, Lawrence 29 

De LaChaise 85 

Auguste 142 

Democrats 238, 240 

DeMuys 67, 68 

Derbigny 158, 200 

DeSoto, Hernando 5, 7 

Dominique, Captain 176, 186, 191 

Doucet 119 

Dueling 205 

Duvergier 90 

Eads, Jas. B 243 

Education — 

College of Orleans 167 

Public Schools 167 

University at Baton Rouge 200 

Jefferson College 201 

Tulane 208 

Emancipation 229 

England Seizes American 

Sailors 171 

English Turn 48 

Epinay, de 1', Governor 75 

Evangeline 256 

Exposition, Cotton Centen- 
nial 2^6 

Farragut, David G 216, 220 

Filibusters 35 

Filles a la Cassette 93 

Flanders, B F 238 

Florida 2, 3 

Forstall, Nicholas 136 

Fort Bowyer 173 

Fort Butte a la Rose 226 

Fort de Russy 230 

Fort Jackson 216 

Fort Pike, Petites Coquilles.. 178 



FACE. 

Fort, Spanish 178 

Fort St. Philip 178, 189, 216 

Fort Sumter 213 

Fortier 151, 153 

Foster, Murphy J 248 

Foucault, Father 62 

Fournet, Colonel 223 

Foucault, Royal Commissary 125 
France Buys Louisiana ..148, 152 

Frontenac, Count of 11 

Fort 16 

Fruits 254 

Fuller, Captain 226 

Galvez, Don Fernardo 130 

Gas, Introduction in New Or- 

Orleans 198 

Gayarre 117, 167, 208 

Gayoso, Governor 145 

Geological features 263 

Germans 162, 185 

Gettysburg, Battle of 229 

Gibbs, General 178 

Grande Terre 174 

Gravier, Father James 62 

Green, Gen. Thomas 

227, 230, 232 

Gypsum 255 

Hahn, Michael 235 

Hall, Dominic 157, 192 

Heard, Governor 252 

Hebert, Paul 208 

Hennepin 18 

Holt, Joseph 245 

Houmas 42, 80 

Hubert 90 

Iberville, Pierre Lemoyne d' 

27, 56, 59 

Iberville Bayou 43 

Immigrants 249. 255 

Indians... 6, 12, 14, 19, 20. 34, 
38, 39, 42, 50, 58, 62, 71, 

72, 80, 88, 93, 96, 164 

Inquisition 137, 138 

I^ilingues ^136, 163 

Jackson, Andrew 173, 176 

179, 181, 187, 191 

Jackson Square 152, 191 

Jefferson, Thomas 149, 156 

Jesuits 82 



HISTORY OF LOUISIANA. 



349 



PAGE. 

Jetties 243 

Johnson, Henry 199 

Johnson, Isaac 205 

Joliet, Louis 10, 11 

Jones, Thomas Ap Catesby .. 178 

Joiitel 25, 28 

Jumonville, deVilliers 110 

Jury, trial by 159 

Kappas Indians 14, 19 

Keane, General 183, 187 

Kellogg, William P 239, 240 

Kennon, Beverly 217 

Kentuckians 185 

Kerlerec, de. Governor 109 

Labadieville 225 

Lacoste 186 

Lafayette 197 

Lafitte 174, 17G 

Lafreniere .116, 125 

Lake Borgne 178 

Lambert 1 88 

La Ronde 180 

Loussat 150 

La Salle 21, 25 

Law, John 76 

Lee 229, 234 

Legislature 157 

Leon, Ponce de 3 

Lesassier 120 

Levees 109, 244 

Lincoln 2 1 3 

Literature 250 

Lottery 247 

Louis XIV 70 

Louis XV , 70 

Louisiana, named 1, 21 

45,70, 112 

Sold to France 148 

Purchased 149 

Limits in 1803 155 

Division 156 

Territory 157 

State 170 

Secedes 212 

Reconstructed 238 

Lovell, M.S 219 

Manchac 41, 80 

Manstield 231 ' 

Marquette, Jacques 11, 15 

Maison Rouge, Marquis de.... 144 



PAGE. 

Marquis, Pierre 122, 125, 127 

Masan 125 

Massacre Island 31 

Changed to Dauphin 80 

Matagorda Bay 25 

Maurepas Fort 50 

Maurepas Lake 44 

Maurepas, Jerome, Count of.. 26 

Mauvilla Indians 6 

McEnery, S. D 242, 245 

McEnery, J 240 

Metropolitan Police 238 

Mexican War 206 

Milhet, Jean 116, 125, 127 

Milhet, Joseph 116, 125, 127 

Miro, Estevan 113-139 

Mississippi Bubble 85 

Mississippi River. ..1, 2, 8, 8, 

12, 133, 162, 216, 217 

Mobile Bay 30 

Fort St. Louis de la 59 

Mongoulacha Indians 34, 39, 71 

Monroe, James 149 

Monroe, Mayor 218 

Moore, Thos. 212, 223 

Morgan, Thos 202 

Morgan, General 188 

Mouton, Alex 204, 211 

Mouton, Alfred 224, 227, 230 

Mumford, W. B 219 

Napoleon 148, 160 

Narvaez 4 

Xatchez 20, 50, 72, 88, 93. 96 

Natchitoches 54, 71, 75 

Necessity Fort 110 

Negro Insurrection 144 

Negroes 178, 181, 186, 191, 

203, 229, 237, 240 
New Orleans ...38, 79, 86, 80, 219 

Battle of 183 

Nicholls, F. T 240, 241, 247 

Noyan, de Bienville 91, 125 

Ogden, F. N - 239 

Oranges 50, 254 

O'Reilly 121, 128 

Orleans, Duke of 70 

Packard 240 

Packenham 183, 189 

Panmure Fort 113 

hcarishes 162, 203, 253, 257 



346 



HISTORY OF LOUlblA^A. 



PAGK. 

Pascagoula 34, S6 

Pauger 85, 87 

Pennicault G9 

Pensacola 30, 81, 131, 88 

Perier, Governor 92 

Perique 2ri4 

Pincbback, P. B. S 238 

Pineda 3 

Plaucbe Mayor 181, 186 

Pleasant Hill 232 

Polignac, Prince 230, 231 

Pontcbar train, Count Louis 

de 26, 44 

Porter, D. D 216, 230, 232, 234 

Port Hudson 222, 226, 228 

Poupet 127 

Poydras 157, 163, 170 

Public Domain 19!) 

Qnarautinc 245 

Qaincy, Josiah 169 

Quinipissa Indians ,..38, 39 

Railroad, First 198 

Reconstruction 237 

Rice 249, 254 

Red River 7, 20 

Rigbt of Deposit 142, 146 

Robertson, Tbos. B 199 

Roman, Govemor 200 

Rosalie, F.ort 71, 75 

Salcedo 149, 152 

Salt Mines 224, 253 

Sauvole 29, 56 

Secession 170,.2I0, 212 

Secession, Right of 235 

Sedella, J^ntonio de 137, 138 

Serigny de, 81 

Sbip Island 31 

Slaves — 

Insurrection'of 144, 168 

Introduction Forbidden 157 

Slavery Abolished 237 

Smith, A..) 230 

Smith, Kirby 22(J, 232, 233 

Soil 253 

Spain sells Louisiana 148 

Speculation 196, 201 



PAGE. 

Stoamboat, First 171 

St. Denis 49, 55, 63 

St. Ildefonso, Treaty 148 

St. Louis Bay 80 

Sugar Cane^ 

First planted 49 

Refining 201 

Cultivated by Jesuits 109 

Increased Cultivation 203 

Sugar Making 113, 143 

Supreme Court, Seizure of... 241 

Taylor, Gener.il Z 206 

Taylor, Gen. Richard 223, 237 

Teche 225, 230 

Tensas Village and Indians 51, 52 

Tonty, Henri de .39, 50, 66 

Treaty of St. Ildefonso 148 

Treaty of Madrid 142 

Treaty of Utrecht 72 

Ulloa 117, 121 

University, see Edueation 

Unzaga, Don Luis de 128, 130 

Ursuline Sisters 92 

Utrecht, treaty of 72 

Vaudreuil, Marquise de 107 

Vicksburg 227-2:^8 

Villere, Josepb.llO, 125, 126, 127 

Villere, Gov/ James 194-195 

Villere, Major 180 

Walker, Governor 207 

War 1812 172 

War. Mexican 205 

War, Civil 209-236 

War, Spanish 252 

Warmoth, 11. 238 

Washington Artillery 214 

Webster, Dan 210 

Weitzel, General 225- 28 

Wcll.«, J M 238 

Whit.', Gov. E. D 203 

AVhitc L"ague 239, 241 

Wickliffi', R. C 208 

^^'■Ikinpon, General 136, 155 

Wiliz, L. A 242 

AVi-;consin River 12 

Yellow Fever 195, 208, 245 



